By Patricia Prewitt
My Personal Rx Advisor
With the explosion of online telehealth companies, I have found myself drowning in a flood of emails/spam for “lifestyle” (weight loss, sexual health, hair loss) prescription products. These companies offer a way for consumers to access prescriptions in a way that might save money when compared to traditional health insurance. This month’s column provides consumer education on current regulations that apply to advertising and marketing of prescription medications.
Overview: Modern advertising law generally does not allow for materially misleading claims, hiding risks, and deceptive marketing practices by companies. The Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) are designed to protect consumers. In real life, consumers should employ critical thinking skills in making decisions about their personal health. All prescriptions have a risk to benefit ratio.
Mass market advertising (internet, TV, email, AI) has dramatically increased, especially for the newer GLP-1 weight loss products. Ads are emotionally persuasive and often hide complicated terms and disclosures, especially given the profit motive. The complexity of financial products, insurance products, medications and health services has only increased, making it hard for consumers to understand risks and benefits.
How are advertising rules different for pharmaceutical manufacturers than online telehealth companies?
Prescription drug ads Online health services ads
Regulated by the FDA Regulated by FTC/state laws
Must disclose major risks Focus on convenience of service
Can only promote approved use Advises evaluations/process
Requires scientific support for claims Cannot use deceptive marketing practices
Fair balance (pros/cons) rules are strict More flexibility in messaging
What does this mean for the consumer? Online health companies that provide access to lifestyle prescriptions operate more like subscription marketing services businesses than traditional medical practices.
What are general things to know before subscribing to an online telehealth company?
Verify the prescriber’s US license and their medical credentials. Ask how a diagnosis is made to verify the need for the product. Inquire how tests are ordered, if needed, and their costs. Is the pharmacy licensed, and is the medication manufactured in a licensed facility? Clarify how side effects and dosing changes are handled. Is the health visit via a video live service, live call or via a chat format only?
What about financial questions? Ask if prescription insurance is accepted and processed. Can prepaid services be cancelled without penalties? Ask about all fees, both one-time and ongoing. The advertised price for a product may be only part of the overall cost. Does the prescriber receive bonuses based on customers enrolled?
How is privacy of personal health information protected?
What else? Read reviews. Do not rely on Google’s first page or the company’s website testimonials. Be aware that a review, testimonial, or video may have netted the reviewer free products or a credit on their subscription account in exchange for a good product review.
Modern life is complicated, especially when it comes to health care. The ancient principle of caveat emptor – “let the buyer beware” – still applies today.
Content provided is for educational purposes only and is not intended as a substitute for advice from a qualified medical professional. The opinions expressed within are those of the author.
About the Author: Patricia Prewitt is a local Massachusetts resident who spent more than 30 years in the pharmaceutical industry. Tricia is a consumer education advocate, and loves helping people find ways to save money on their prescriptions. More information and free resources are available on her website at https://mypersonalrxadvisor.com/resources or call her at 508-507-8840. Favorite Quote: “Act as if what you do makes a difference. It does.” – William Jamesent more than 30 years in the pharmaceutical industry. Tricia is a consumer education advocate, and loves helping people find ways to save money on their prescriptions. More information and free resources are available on her website at https://mypersonalrxadvisor.com/resources or call her at 508-507-8840. Favorite Quote: “Act as if what you do makes a difference. It does.” – William James
