New Facebook Policy Requires Certification and Pre-Approval for Telemedicine Company Advertisements

03 August 2021 Health Care Law Today Blog
Author(s): Nathaniel M. Lacktman

Telemedicine companies seeking to advertise on Facebook’s social media platforms will first need special approval and certification before running advertisements. In a recently-announced policy, Facebook introduced additional pre-approval requirements for telemedicine providers, pharmaceutical manufacturers, and online pharmacies looking to promote prescription drugs on social media. The new policy is effective August 25, 2021.

Under the policy, before promoting prescription drugs in ads on Facebook, telemedicine providers and online pharmacies must present written certification from Legitscript, a third party company that certifies such businesses. Pharmaceutical manufacturers will also be required to get pre-approval from Facebook prior to running ads promoting prescription drugs.

Only pre-approved advertisers that fall into one of three categories—online pharmacies, telemedicine providers, and pharmaceutical manufacturers—will be permitted to promote these products. Ads must not target people under 18 years of age and will be restricted to persons in the United States, Canada, and New Zealand.

Facebook will now have three distinct advertising policies in this regard: promotion of online pharmaciespromotions of prescription drugs, and promotion of unsafe substances. According to the announcement, the policies are intended to prohibit the promotion of illicit drugs and unsafe substances, while allowing the (restricted) promotion of prescription drugs by approved advertisers.

Want to Learn More?

For more information on telemedicine, telehealth, virtual care, remote patient monitoring, digital health, and other health innovations, including the team, publications, and representative experience, visit Foley’s Telemedicine & Digital Health Industry Team.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.