Connecticut healthcare advertising rules the checker applies

Rules for Connecticut

1. CG-CTS-001 · Warns · Citation checked against stored text

   The Connecticut Food, Drug and Cosmetic Act deems an advertisement of a drug or device false when it represents the product to have any effect in a list of named diseases, including cancer, diabetes, tumors, high blood pressure and heart disease. The exceptions are ads sent only to health professionals, appearing only in professional journals, or used for public health education by people with no commercial interest.

   Source: Conn. Gen. Stat. 21a-114 ("The advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease"); Conn. Gen. Stat. 21a-93(5) ("the dissemination within this state, in any manner or by any means or through any medium, of any false advertisement")

   Safer wording: Do not say a product cures, treats or prevents a named disease in consumer-facing copy. Describe what the product is and what it is cleared or approved for, and send disease-specific information only to health professionals.

   Conn. Gen. Stat. 21a-93, Conn. Gen. Stat. 21a-114 · Needs counsel review

2. CG-CTS-002 · Warns · Citation checked against stored text

   Connecticut treats an advertisement of a food, drug, device or cosmetic as misleading when it says or implies the product is recommended or endorsed by a federal or state government agency, unless the agency approved the statement before use.

   Source: Conn. Gen. Stat. 21a-113 ("recommended or endorsed by any agency of the federal or state government shall be considered misleading")

   Safer wording: Remove agency endorsement language. State only what the agency has actually cleared or approved, in the agency's own words, and keep written approval of the statement on file.

   Conn. Gen. Stat. 21a-113 · Needs counsel review

3. CG-CTS-003 · Warns · Citation checked against stored text

   The Connecticut Unfair Trade Practices Act bars unfair or deceptive acts or practices in trade or commerce. Absolute outcome promises are the classic example.

   Source: Conn. Gen. Stat. 42-110b(a) ("No person shall engage in unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce")

   Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result.

   Conn. Gen. Stat. 42-110b · Needs counsel review

4. CG-CTS-004 · Warns · Citation checked against stored text

   Connecticut deems an advertisement of a drug or device false if it is false or misleading in any particular. No-side-effect, fully-safe and proven-by-trials claims are false in that sense unless the maker can show them.

   Source: Conn. Gen. Stat. 21a-113 ("An advertisement of a food, drug, device or cosmetic shall be deemed to be false, if it is false or misleading in any particular")

   Safer wording: Replace absolute safety and proof claims with the labeled risks and a cited study, or remove them.

   Conn. Gen. Stat. 21a-113 · Needs counsel review

5. CG-CTD-001 · Blocks approval · Citation checked against stored text

   Connecticut bars selling or offering to sell consumer health data without first obtaining the consumer's consent.

   Source: Conn. Gen. Stat. 42-526(a)(1)(D) - sell, or offer to sell, consumer health data without first obtaining the consumer's consent is prohibited

   Safer wording: Remove any offer to sell health data. If it is lawful and consented to, counsel should write the disclosure.

   Conn. Gen. Stat. 42-526 · Needs counsel review

6. CG-CTD-002 · Blocks approval · Citation checked against stored text

   Connecticut bars a geofence within 1,750 feet of a mental health facility or a reproductive or sexual health facility to identify, track, collect data from or send notifications to consumers about their consumer health data.

   Source: Conn. Gen. Stat. 42-526(a)(1)(C) - geofence within 1,750 feet of a mental health or reproductive or sexual health facility is prohibited for tracking, data collection or notifications

   Safer wording: Remove geofencing around these facilities from campaign targeting and copy. Target by interest or general area instead, with counsel review.

   Conn. Gen. Stat. 42-526 · Needs counsel review