Legal Considerations for Med Spa Advertising

Americans love med spas. Med spas offer a variety of services that bridge the gap between aesthetic treatments and medical procedures. The appeal of med spas lies in their ability to provide these treatments in a relaxing, spa-like environment, which can be more inviting to people than a traditional medical office is. As the med spa industry grows, so does the need for effective advertising to differentiate businesses in a competitive market. 

Effective advertising strategies are essential for med spas to stand out. Digital marketing, influencer partnerships, email marketing, SEM, local advertising, and client testimonials are all critical components of a successful advertising plan for med spas. However, these strategies come with ethical and legal responsibilities. Med spas must ensure their advertising is truthful, respectful of client privacy, and transparent about medical oversight.

If you own a med spa and are working on an advertising plan, here is what you need to keep in mind to ensure your advertising does not create legal issues.

What Should I Be Thinking About When Crafting an Advertising Campaign?

Medical spas are medical practices, so they are bound by the laws governing medical advertising. As soon as you are involved in any kind of medical treatment, you are subject to very strict requirements when it comes to advertising your practice. 

All state medical boards have specific requirements for medical advertising. According to Georgia law:

1) An advertisement by a health care practitioner shall include the practitioner’s name and disclose only the type of license under which the health care practitioner is authorized to provide services.

2) An advertisement by a health care practitioner shall not: (A) Include deceptive or misleading terms or false representations; or (B) Include or reference medical or medical specialty titles, unless such health care practitioner is a physician licensed pursuant to Article 2 of Chapter 34 of this title.

While Georgia law spells out what advertising cannot do, there can still be questions, for example, about what it means to be “deceptive.” A client could feel deceived if they did not look like a client featured on the website after their medical treatment, but it may not constitute deception. 

This is why getting quality legal representation from someone who understands advertising, specifically advertising in medical practice, is important. Whether or not you have legal representation, however, here are some things that you should keep in mind when advertising your med spa.

Accurately Represent Services

Clients coming to med spas may be expecting a miracle. While you want your prospective clients to give you business, and you want to sell them on the fact that your services can improve their health and appearance, you have to give them hope with a dose of reality. Advertisements must accurately represent the services offered, and the results clients can reasonably expect. 

For instance, overpromising or using misleading before-and-after photos can damage a med spa’s reputation and lead to legal issues down the road. Some clients may truly have amazing results, and it is perfectly fine to post those results. However, it is important to note how those results were attained. If the results were attained through five treatments, not just one, it is imperative to note that. Otherwise, a prospective client will think that they can get similar results in one treatment and feel deceived that they have to spend the money for five treatments to get similar results.

Transparency about the potential risks and outcomes of treatments is also crucial. While many of these medical treatments have positive results, there is–like with any medical procedure–the risk of a negative outcome. This could include health risks, changes in appearance, or the chance that nothing at all may change as a result. Patients have a right to make an informed decision with any medical procedure they undertake, and this involves knowing everything that could go right and everything that could go wrong.

Precisely Describe Practitioner Credentials and Titles

People in the medspa industry have faced repercussions for not being clear about who is providing services. They may have a misunderstanding about a person’s credentials or title. Sometimes, the confusion is unintentional, and sometimes it is purposefully deceptive. An easy way to avoid confusion is to always clearly communicate the qualifications and roles of your staff. An easy way to do this is to have a page listing all staff, their training, titles, and any unique qualifications. Additionally, you want to be careful about the titles that you use. Referring to an employee as a “medical aesthetician” or a “certified laser technician” in your advertising materials is risky. You must prove your claims, which could be impossible in these cases. You can describe their specific abilities in their practitioner bios rather than try to communicate it in the titles.

Be Careful with Patient Testimonials

Always make sure to get express written consent before you post any patient testimonial. Never use a client’s words or photographs to provide a testimonial without them saying in writing that it is okay for you to do so, even if it is a glowing review. Use genuine testimonials and disclose any compensation provided for endorsements. For instance, if a procedure is complimentary and there is a testimonial, note that. Additionally, you should clearly state that the testimonials reflect individual experiences and may not be typical.

Talk to an Experienced Med Spa Attorney

The laws surrounding med spas are not settled. Changing healthcare laws can significantly impact med spas, requiring them to stay updated on regulations, ensure compliance, and potentially adjust their services to meet new legal standards and requirements. This includes advertising. When drafting an advertising plan, it is a good idea to get legal counsel, but not just any legal counsel. Ensure your legal counsel has kept up to date with evolving med spa law, and you can feel confident that your med spa advertising is compliant. 

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