{"page":"/blog/telehealth-advertising-rules","modified":"2026-11-10","license":"https://creativecommons.org/licenses/by/4.0/","columns":["Regime","Who it covers","What it requires for ads and data","Enforcer","Citation"],"rows":[["FTC Act, Section 5","Nearly every business","Ad claims and privacy promises must be truthful and not unfair","FTC","15 U.S.C. 45"],["Health Breach Notification Rule","Vendors of personal health records and related entities not covered by HIPAA","Notify individuals and the FTC of a breach, including an unauthorized disclosure","FTC","16 CFR Part 318"],["Opioid Addiction Recovery Fraud Prevention Act","Substance use disorder treatment services and products","No unfair or deceptive acts or practices; civil penalties","FTC","15 U.S.C. 45d"],["ROSCA","Online subscriptions with a negative option","Disclose material terms before billing, get express consent, offer simple cancellation","FTC","15 U.S.C. 8403"],["HIPAA Privacy Rule","Covered entities and their business associates","Authorization for marketing uses of PHI; a business associate agreement for vendors that receive PHI","HHS OCR","See our HIPAA marketing rule page"],["Drug promotion rules","Companies promoting prescription or compounded drugs","Claims about a drug must not mislead","FDA","Warning letters described below"],["State health-data laws","Anyone handling consumer health data of residents in Washington, Nevada, Connecticut, Maryland","Consent to collect and a separate consent to share; geofence limits","State AGs; private suits in Washington","RCW 19.373.030"],["State comprehensive privacy laws","Businesses over each state's threshold","Opt-in for sensitive data in most states; opt-out of targeted ads","State AGs and CalPrivacy","See our US state privacy laws tracker"]],"sourceUrls":[["https://www.law.cornell.edu/uscode/text/15/45"],["https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-318"],["https://www.law.cornell.edu/uscode/text/15/45d"],["https://www.law.cornell.edu/uscode/text/15/8403"],[],[],["https://app.leg.wa.gov/RCW/default.aspx?cite=19.373.030"],[]]}