What the FTC, FDA, and Your State Medical Board Actually Require From Your Dermatology Website

This is educational content about advertising regulations, not legal advice. Verify current requirements with your compliance counsel and state medical board.

Dermatology practice websites operate under overlapping jurisdiction from three regulatory bodies, each with distinct enforcement priorities and penalties.

Federal Trade Commission (FTC)

The FTC enforces truth-in-advertising standards under Section 5 of the FTC Act. For healthcare providers, this means every claim about treatment effectiveness must be substantiated by competent and reliable scientific evidence — typically peer-reviewed clinical studies or equivalent documentation. The Health Products Compliance Guidance released in recent years has increased scrutiny on aesthetic and wellness claims specifically.

Food and Drug Administration (FDA)

The FDA regulates claims about drugs, devices, and biologics. For dermatology practices, this primarily affects how you describe injectable treatments, laser devices, and prescription medications. You cannot claim a treatment does something beyond its FDA-cleared indications, and cosmetic procedures cannot be marketed as providing medical therapeutic benefits without appropriate clearance.

State Medical Boards

Your state medical board sets profession-specific advertising rules that often exceed federal requirements. These typically cover use of the term 'specialist,' comparative claims, fee advertising, and testimonial restrictions. Penalties range from letters of concern to license suspension.

The practical challenge is that compliant marketing requires satisfying all three simultaneously — and the strictest standard always applies.

The FTC's substantiation doctrine requires that you possess evidence supporting your claims before you make them — not after someone complains. For dermatology practices, this affects virtually every treatment description on your website.

Claims That Trigger Substantiation Requirements

• Efficacy claims: 'Reduces wrinkles by 40%' or 'Clears acne in 90% of patients'
• Comparative claims: 'More effective than competing treatments'
• Mechanism claims: 'Stimulates collagen production' or 'Destroys fat cells permanently'
• Timeline claims: 'See results in just two weeks'

What Qualifies as Competent and Reliable Evidence

For health-related claims, the FTC generally expects at least one well-designed clinical study. Manufacturer-provided statistics can support your claims, but you should verify their methodology. Anecdotal experience from your practice, no matter how consistent, does not meet substantiation standards for specific efficacy claims.

Safer Claim Frameworks

Instead of 'Our laser treatment eliminates sun damage,' consider 'Laser treatment is designed to address sun damage, with results varying by individual skin type and condition severity.' This accurately describes the treatment purpose without making unsubstantiated efficacy claims.

The FTC has specifically targeted aesthetic medicine practices in recent enforcement actions, making this area higher-risk than many dermatologists realize.

Before-and-after photographs are among the most powerful marketing tools for cosmetic dermatology — and among the most regulated. Requirements vary significantly by state, and missteps can trigger both medical board discipline and FTC scrutiny.

Universal Best Practices

Regardless of state, certain standards reduce compliance risk:

• Standardized photography conditions: Same lighting, camera angle, distance, and background in both images
• No digital enhancement: No retouching, filters, or adjustments beyond standard color correction
• Accurate representation: Photos should represent typical outcomes, not best-case scenarios
• Clear identification: Disclose if results shown are atypical or if the patient received multiple treatments

State-Specific Requirements

Some states require specific written disclosures adjacent to before-and-after images. Others prohibit their use entirely for certain procedure types. A few states mandate that photos include the specific timeframe between images and whether results are maintained long-term.

Check your state medical board's current advertising guidelines — these rules change, and guidance from even two years ago may be outdated.

Testimonial Integration

When before-and-after photos accompany patient testimonials, additional FTC endorsement guidelines apply. If the patient received any compensation (including treatment discounts), disclosure is required. If results shown are not typical, that must be clearly stated.

The FDA distinction between cosmetic and medical claims creates specific boundaries for dermatology website content. Crossing these lines can trigger warning letters, injunctions, and in extreme cases, criminal referrals.

Cosmetic vs. Medical Claims

A cosmetic claim describes temporary effects on appearance: 'reduces the appearance of fine lines.' A medical claim describes therapeutic effects on body structure or function: 'rebuilds collagen' or 'permanently eliminates fat cells.' The latter requires FDA clearance for the specific indication.

Common Violations in Dermatology Marketing

• Claiming injectables 'reverse aging' rather than 'reduce the appearance of aging'
• Stating that laser treatments 'cure' rosacea or 'eliminate' acne rather than 'treat' or 'address'
• Promoting off-label uses of FDA-cleared devices as if they were approved indications
• Describing cosmetic procedures as having medical benefits without supporting clearance

Device and Drug Marketing

When marketing specific branded devices or pharmaceuticals, you're generally limited to claims within the product's FDA labeling. Manufacturer marketing materials are not always compliant — some have received FDA warning letters themselves. When in doubt, reference the actual FDA clearance documentation rather than sales collateral.

The FDA maintains a database of warning letters that includes examples of dermatology practice violations. Reviewing recent letters can help you identify claim patterns to avoid.

State medical board advertising rules are the most variable compliance layer — and often the most aggressively enforced because complaints typically come from competitors or dissatisfied patients rather than federal regulators.

Specialty and Credential Claims

Many states restrict use of the word 'specialist' or 'board certified' to specific approved contexts. Some require disclosure of your certifying board. Others prohibit implying specialty training you don't possess. The rules differ enough that marketing language compliant in one state may violate requirements in a neighboring state where you also practice.

Comparative and Superlative Claims

Claims like 'best dermatologist in [city]' or 'most experienced provider' violate advertising rules in numerous states. Even patient-attributed quotes making such claims can create liability in some jurisdictions. Safer alternatives focus on specific credentials, training, or experience metrics rather than comparative rankings.

Fee and Guarantee Advertising

Rules vary on advertising specific prices, 'free' consultations, and satisfaction guarantees. Some states permit these with required disclosures; others prohibit them entirely. Guarantee language in particular can create problems beyond advertising compliance — it may affect malpractice coverage and create contractual obligations.

Multi-State Practices

If your practice operates across state lines (including telehealth), you must comply with advertising rules in each state where you're licensed. The strictest applicable standard effectively governs your entire web presence unless you implement state-specific landing pages — which creates its own compliance complexity.

Sustainable compliance requires systems, not one-time audits. Marketing content changes frequently, and staff without regulatory training can inadvertently create violations.

Content Review Checklist

Before publishing any treatment-related content, verify:

• All efficacy claims have documented substantiation
• No claims exceed FDA-cleared indications for devices or drugs
• Language uses appropriate hedging ('designed to,' 'may help,' 'results vary')
• Before-and-after photos meet state-specific requirements
• Testimonials include required disclosures
• Specialty and credential claims comply with state advertising rules

Documentation Practices

Maintain records of substantiation for every claim on your website. This includes clinical studies, manufacturer documentation, and the date you verified compliance. If the FTC or a medical board requests substantiation, you need to produce it promptly.

Ongoing Monitoring

Assign responsibility for tracking regulatory changes. State medical board rules update periodically, and FTC enforcement priorities shift. Industry newsletters and legal updates from healthcare marketing attorneys can help you stay current.

Working with marketing partners who understand these constraints from the outset — rather than learning through enforcement actions — reduces both compliance risk and content revision costs. For practices seeking SEO for dermatologists built around regulatory requirements, this expertise should be a baseline qualification, not an afterthought.