CTeL Summit Session: Could Your Telehealth Marketing Ignite an FTC Sanction or a Lawsuit?

On November 17, attendees of the Fall 2016 CTeL Telehealth Summit will focus on an important emerging issue for the telehealth community: the potential risks and liability posed by telehealth marketing.

The Federal Trade Commission (FTC), with jurisdiction over truth in advertising, is turning its attention to telehealth marketing claims. So are private litigators. They are looking to uncover what may be misleading, ambiguous, or outright deceptive marketing and identify content that could constitute a regulatory violation or the basis for a lawsuit.

No one is immune. Fortune 500 companies, health systems, insurance providers, healthcare practitioners – in fact, the entire telehealth community – must put all marketing communications under a microscope to mitigate this risk and liability.

In a nuts-and-bolts session devoted to this topic, Summit attendees will get a crash course in how to ensure their telehealth marketing does not put them at risk for FTC sanctions or a lawsuit. Attendees will walk away with a practical understanding of how to devise marketing and communications strategies that will not attract unwanted attention from the FTC or aggressive litigators.

An expert panel composed of an FTC representative and a medical attorney will take attendees through a step-by-step audit of compliant and questionable telehealth websites and marketing materials. Attendees will learn what telehealth content – whether in the form of text or imagery and whether intended for internal use or public consumption – should and should not convey.

The Panelists:

Joseph P. (“Joe”) McMenamin is a physician-attorney in Richmond, Virginia.  Both his law practice and his consultancy concentrate on and benefit from his twenty years’ experience in telemedicine. Mr. McMenamin advises institutional and professional telehealth service providers, remote monitoring services, trade associations, telehealth platform companies, private equity firms, and telecoms on a broad array of medico-legal questions arising from distance care. He also publishes extensively and lectures widely on these and related matters. He is Board-certified in Legal Medicine and a Fellow of the American College of Legal Medicine.

Karen Mandel is an attorney in the Division of Advertising Practices of the Federal Trade Commission, where she also has served as an advisor to a Commissioner. Currently, Ms. Mandel investigates and prosecutes deceptive and unfair advertising of food, drugs, dietary supplements, cosmetics, and devices, and works on related education and policy matters. Her most recent law enforcement actions involve health-related mobile apps and mosquito repellent. She has worked at the FTC since 2000.

Don’t miss this important session. Register now to save your seat at the Fall 2016 CTeL Executive Telehealth Summit!


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