Who Regulates Marketing in Healthcare?

Marketing in healthcare isn’t like marketing shoes or soft drinks, and for good reason. When lives are on the line, the claims made about healthcare products, services, and technologies must be accurate, evidence-based, and fair. That’s why healthcare marketing is subject to strict oversight by federal agencies, state boards, and even industry-specific guidelines. So, who regulates healthcare marketing, and what do they look for?  In today's post, we'll take a look at the agencies and groups engaged in the oversight behind medical messaging.

1. Federal Trade Commission (FTC) | Focus on Consumer Protection

The FTC oversees marketing and advertising claims for most consumer products, including many healthcare services and products. They ensure that ads are truthful, not misleading, and backed by scientific evidence. For example, if a company advertises that their supplement "cures arthritis," but lacks credible scientific proof, the FTC can issue fines, force retractions, or pursue legal action.

2. Food and Drug Administration (FDA) | Focus on Drugs, Devices, and Certain Medical Technologies

The FDA regulates the promotion of prescription drugs, medical devices (like surgical implants or diagnostic tools), certain over-the-counter products, biologics (drugs derived from living organisms) and vaccines. FDA rules are especially strict when it comes to direct-to-consumer (DTC) advertising and professional-facing materials. For example,  a pharmaceutical company can't market a drug for uses not approved by the FDA (so-called “off-label” promotion). Even suggesting benefits beyond approved indications can trigger enforcement.

3. Centers for Medicare & Medicaid Services (CMS) | Focus on Healthcare Providers and Reimbursement

CMS regulates how hospitals and providers market services to Medicare and Medicaid patients, especially around incentives (e.g., offering freebies for choosing a provider), claims about covered services, and pricing transparency. For example, a hospital advertising "free" screenings to Medicare patients must be careful as CMS prohibits inducements that could sway patient choice or inflate costs.

4. State Medical Boards and Departments of Health | Focus on Licensing and Professional Conduct

Doctors, nurses, and healthcare facilities must also comply with rules set by their state’s licensing boards. These boards can restrict how professionals describe their credentials or services in marketing materials. They may regulate the use of testimonials, the use of complex medical terminology, and the use of high-pressure or fear-inducing tactics. For example, a medical practice might face disciplinary action if their advertising exaggerates a health danger or uses a testimonial that implies their experiences would apply to all new patients.

5. Environmental Protection Agency (EPA) | Focus on Public Health Claims, Disinfectants, and Pesticides

We have covered the EPA frequently in this blog due to the EPA's restrictions on marketing making EPA registration a significant achievement. This agency regulates materials used in healthcare environments for products that claim to kill bacteria, viruses, or other microbes. If a product claims antimicrobial performance (e.g., a copper-infused surface or disinfectant), the EPA requires registration and review of scientific evidence, approved language for claims, and regular inspections and compliance audits. For example, EOScu claims to "kill 99.9% of bacteria in under 2 hours" must be registered with the EPA under FIFRA (the Federal Insecticide, Fungicide, and Rodenticide Act), and the claim must be substantiated by EPA-reviewed studies.

6. Accrediting Bodies (like The Joint Commission) | Focus on Operational Compliance and Ethics

While not regulators in the legal sense, healthcare accreditors often assess how facilities communicate with patients — especially around consent, patient rights, and informed decision-making. Poor communication or misleading materials can jeopardize a facility’s accreditation.

Final Thoughts

Whether you're promoting a hospital, a medical device, or an antimicrobial surface, it's critical to understand the rules that govern healthcare marketing. Even well-intentioned language can create regulatory risk if it oversteps. Chances are , you have encountered a piece of marketing material that seemed close to the line. If you have, share your story in the comments below. Honest, accurate, and well-supported messaging isn’t just a compliance issue,  it’s a matter of public trust.