Marketing Compliance Guide

FTC Act Section 5 - Unfair or Deceptive Practices

The foundational law prohibiting deceptive advertising and unfair business practices.

Key Requirements:

• Truthfulness: All claims must be truthful and substantiated
• Material Information: Don't omit important facts that could mislead consumers
• Clear Disclosures: Required disclosures must be clear and conspicuous
• Evidence: Have competent and reliable evidence before making claims

CAN-SPAM Act - Email Marketing

Regulates commercial email messages and establishes requirements for marketing emails.

Required Elements in Every Marketing Email:

1. Accurate Header Information: "From," "To," and "Reply-To" must be accurate
2. Honest Subject Lines: Subject line must reflect the email content
3. Clear Advertisement Disclosure: Email must be identified as an ad
4. Physical Address: Include your valid physical postal address
5. Opt-Out Method: Provide clear way to unsubscribe
6. Honor Opt-Outs: Process requests within 10 business days

Additional Requirements:

• Can't use false or misleading routing information
• Can't harvest email addresses from websites
• Can't use deceptive practices to get email addresses
• Must monitor what others do on your behalf

TCPA - Telephone Consumer Protection Act

Restricts telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and faxes.

Key Requirements for Text/SMS Marketing:

• Prior Express Written Consent: Required before sending marketing texts
• Clear Disclosure: Must disclose who's texting and purpose
• Opt-Out Mechanism: Every message must include clear opt-out instructions
• Honor STOP Immediately: Process opt-outs within seconds/minutes
• Time Restrictions: No texts before 8am or after 9pm (recipient's local time)
• Message Frequency: Must disclose how often you'll text

What Constitutes Proper Consent:

• Clear and conspicuous agreement to receive texts
• Separate checkbox or signature (not buried in general terms)
• Disclosure that consent isn't required for purchase
• Ability to opt-out at any time
• Must keep records of consent

Auto-Dialers & Calls:

• Prior express consent required before auto-dialing mobile numbers
• Written consent required for marketing calls using prerecorded voice
• National Do Not Call Registry must be honored
• Internal do-not-call list must be maintained

FTC Endorsement & Testimonial Guidelines

Rules governing how endorsements, testimonials, and influencer marketing must be disclosed.

Key Requirements:

• Material Connections Must Be Disclosed: Any financial, employment, personal, or family relationship
• Clear and Conspicuous: Disclosures must be hard to miss
• In The Message: Can't hide disclosures via "more" buttons or links
• Platform Specific: #ad, #sponsored must be clear on social media
• Influencer Responsibility: Both brand and influencer liable

What Must Be Disclosed:

• Payment for review or endorsement
• Free products given for review
• Affiliate links and commissions
• Employee or family member endorsements
• Any other material connection

Testimonials Must Be:

• From actual customers/users
• Truthful and not misleading
• Representative of typical results (or disclose if not typical)
• Current and not outdated
• Properly authorized

HIPAA - Health Insurance Portability and Accountability Act

Protects the privacy and security of individually identifiable health information.

Who Must Comply:

Note: Any "Covered Entity" or "Business Associate" under HIPAA must comply

Marketing Requirements:

• Authorization Required: Can't use Protected Health Information (PHI) for marketing without written authorization
• Exceptions: Face-to-face communications and promotional gifts of nominal value don't require authorization
• Secure Communications: Email, text, and online forms must be HIPAA-compliant
• Business Associate Agreements (BAAs): Required with marketing vendors who handle PHI
• Minimum Necessary: Only use/disclose minimum PHI necessary

What is PHI (Can't Use in Marketing Without Authorization):

• Patient names, addresses, phone numbers, emails
• Medical record numbers, health plan IDs
• Treatment information, diagnosis, medications
• Payment information related to healthcare
• Any individually identifiable health information

Safe Marketing Practices:

• Use general health information (not individual patient data)
• Target audiences broadly (not using patient lists)
• Obtain explicit consent for any patient-specific marketing
• Use HIPAA-compliant email/SMS platforms
• Secure website forms and databases

FDA Regulations - Drug, Device, Supplement Marketing

Strict rules governing claims about medical products, supplements, and cosmetics.

What You CAN'T Claim Without FDA Approval:

• Disease Claims: Can't claim to diagnose, cure, mitigate, treat, or prevent disease
• Drug Claims: Can't make drug claims for supplements or cosmetics
• Structure/Function Claims: Limited claims about how product affects body
• New Drug Uses: Can't promote off-label uses

Applies To:

• Prescription drugs
• Over-the-counter drugs
• Medical devices
• Dietary supplements
• Cosmetics
• Food products (if health claims made)

Required Disclaimers:

• Supplements: "These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease."
• Before/After Photos: Results not typical disclaimer
• Drug Ads: Fair balance of risks and benefits

Financial Services Regulations

Strict requirements for advertising financial products and services.

Key Regulatory Bodies:

• SEC: Securities and investment advertising
• FINRA: Broker-dealer communications
• CFPB: Consumer financial products
• State Regulators: Insurance, lending, financial advice

Common Requirements:

• Fair and Balanced: Can't omit material information
• Performance Data: Must follow specific calculation and disclosure rules
• Risk Disclosures: Must prominently disclose risks
• No Guarantees: Can't guarantee investment returns
• Licensing: Only licensed individuals can give advice
• Record Keeping: Must keep copies of all advertisements
• Approval: Many require pre-approval before publishing

Prohibited Practices:

• Testimonials without disclosures (some firms prohibit entirely)
• Promissory or exaggerated language
• Misleading performance data
• Omitting important risks
• Using misleading comparisons

Fair Housing Act - Real Estate Marketing

Prohibits discrimination in housing advertising and marketing.

Protected Classes (Can't Discriminate Based On):

• Race, Color
• National Origin
• Religion
• Sex (including gender identity, sexual orientation)
• Familial Status (families with children)
• Disability

Marketing Restrictions:

• Words/Images: Can't use discriminatory language or images
• Targeting: Can't target ads to exclude protected classes
• Symbols: Can't use religious or discriminatory symbols
• Models: Must show diversity in advertising

Dangerous Phrases to Avoid:

• "Perfect for Christian families"
• "No children"
• "English speakers only"
• "Walking distance to [specific ethnic] church"
• "Ideal for single professional"
• "No wheelchairs" or "must be able to walk stairs"

Meta Advertising Policies (Facebook & Instagram)

Prohibited Content:

• Discriminatory practices
• Tobacco, drugs, unsafe supplements
• Adult content and services
• Weapons, ammunition, explosives
• Third-party infringement
• Misinformation and false claims

Restricted Content (Special Requirements):

• Alcohol: Age and location targeting required
• Dating: Special category with restrictions
• Gambling: Prior written permission required
• Financial Services: Must include disclosures
• Healthcare: Strict claims policies
• Housing/Employment: Special ad category (anti-discrimination)

Healthcare Advertising Restrictions:

• Can't target based on health conditions
• Before/after images require disclaimer
• Can't imply you know viewer's health status
• Addiction treatment has specific requirements
• Supplements can't make drug claims

Common Rejection Reasons:

• Too much text in image (20%+ rule relaxed but still flagged)
• Low-quality or shocking content
• Misleading claims or exaggeration
• Landing page doesn't match ad
• Missing required disclosures

Google Ads Policies

Prohibited Content:

• Counterfeit goods
• Dangerous products or services
• Dishonest behavior (phishing, hacking)
• Inappropriate content (violence, hate speech)

Healthcare & Medicine:

• Addiction Treatment: Certification required in US
• Prescription Drugs: Must be certified pharmacy
• Unapproved Substances: Prohibited (includes CBD in many cases)
• Clinical Trials: Specific disclosure requirements
• Dangerous Health Claims: Prohibited (miracle cures, etc.)

Financial Services:

• Must comply with local regulations
• Clear disclosure of terms and risks
• No guaranteed returns unless backed
• Cryptocurrency ads restricted

Restricted Industries:

• Alcohol: Age targeting required
• Gambling: Licensing and certification required
• Political: Identity verification required
• Legal Services: Follow bar association rules

TikTok Advertising Policies

Prohibited Products & Services:

• Adult content and services
• Alcohol (varies by region)
• Drugs, tobacco, vaping
• Gambling services
• Weapons and dangerous goods

Healthcare & Wellness:

• No weight loss products to users under 18
• Cosmetic procedures must include disclaimers
• Prescription drugs prohibited
• Health supplements require review
• Before/after images must be authentic

Content Standards:

• Must be age-appropriate
• No shocking or sensational content
• Respectful of all groups
• Authentic and not misleading
• Appropriate music/sound usage

YouTube Advertising Policies

YouTube follows Google Ads policies plus additional video-specific requirements.

Video-Specific Rules:

• Family-friendly content for general audiences
• Age-appropriate targeting required
• Music rights and licensing compliance
• No excessive profanity or violence
• Clear disclosures for sponsored content

Made for Kids (COPPA):

• No targeted ads on kids content
• Limited data collection
• No remarketing to kids
• Content must be marked appropriately

LinkedIn Advertising Policies

Professional Standards:

• Content must be professional and relevant
• B2B focused (generally)
• Accurate job titles and company info
• No spam or unsolicited messaging

Prohibited Content:

• Adult content
• Multi-level marketing (MLM)
• Get-rich-quick schemes
• Dating services
• Payday loans

State Privacy Laws (CCPA/CPRA, VCDPA, etc.)

States with Comprehensive Privacy Laws:

• California: CCPA/CPRA (most comprehensive)
• Virginia: VCDPA
• Colorado: CPA
• Connecticut: CTDPA
• Utah: UCPA
• More states passing laws regularly

Key Requirements for Marketing:

• Privacy Notices: Clear disclosure of data collection
• Opt-Out Rights: Easy way to opt out of data sales/sharing
• Do Not Sell: Honor "Do Not Sell My Personal Information" requests
• Sensitive Data: Specific consent for sensitive information
• Targeted Advertising: Opt-out required for behavioral targeting

Marketing Impacts:

• Cookie consent requirements
• Email opt-out must be easy
• Can't discriminate for exercising privacy rights
• Must disclose data sharing with third parties
• Children's data has stricter requirements