Regulators Crack Down on Marketing for IV Therapy

Unfair and Deceptive Trade Practices: IV Therapy Marketing Crackdown FAQs

Recently, the Connecticut Department of Consumer Protection (DCP) has placed businesses offering IV therapy under scrutiny. Specifically, DCP is focused on what they believe to be unfair or deceptive trade practices, governed by Conn. Reg. of State Agencies 42-110b-18 (e). The statute prohibits claims that “misrepresent the nature, characteristics, standard ingredients, uses, benefits, quantities or qualities of merchandise or services.” 

In the context of vitamin IV drips or other infusions, DCP is looking closely at health benefit claims that are unfounded. These might include benefits about anti-aging, illness recovery, symptom relief from physical and mental illnesses, and more. 

From a procedural standpoint, DCP identifies language on a business’s website or social media, then sends notice to the respective business owners that they believe to be in violation, citing specific claims made by the business. DCP then asks the owners to respond to individual claims with concrete and substantiated scientific evidence. 

Interestingly, they’ve gone even further than just digging into the marketing content posted by the business owner. They have included demands for patient information who may have posted reviews on the company website to substantiate claims.

What does this mean for IV therapy businesses? Owners need to look closely at language on their websites, social media, consent forms, and all internal procedures regarding treatment descriptions to ensure they are not in violation of state regulations.

How do you determine what language is OK to use? 

DCP is looking both at unfounded health benefits as well as claims about the benefits of new or understudied ingredients. Because IV therapy is a relatively new business phenomenon, many ingredients are not yet well studied or FDA approved. 

Of course, businesses want to advertise their services without being overly-scientific or confusing to consumers. So, what is OK to say and what isn’t? Here are some guidelines: 

1. Avoid using affirmative language about benefits. (Rather than a statement like “This ingredient will lead to ____ benefit,” say, “This ingredient may help with ___ benefit.”) Even when using non-affirmative statements, there should be sound scientific evidence to back the claim. 

2. Avoid using potentially misleading names for treatments. IV treatment names like “Fountain of Youth,” or “Hangover Cure,” may raise a red flag for being misleading. Instead, choose names for treatments that do not exaggerate the potential benefits and can be substantiated with scientific evidence. 

3. Have specific, concrete evidence to back claims. DCP is looking for specific, concrete, current, and non-anecdotal evidence to back up claims. Evidence for claims should be connected directly to ingredients; not connected to something broad like “IV therapy.” An example of compliant advertising would be, “This IV infusion contains _____, which studies suggest may help with ______”, and including a citation or link to a supporting study. Citations are key!

4. Be cautious about claims for understudied ingredients. Some new or understudied ingredients may lack the scientific backing required to link them directly to benefits. When this is the case, be wary of making any definitive claims about potential benefits. 

5. Include disclaimers when necessary. Disclaimers are your friend. Put them on your website, social media, consent forms, or anywhere you are advertising your services. It is important for consumers to know that scientific hypotheses are in no way guarantees of results.

   
   

What are other best practices or actions business owners can take? 

We recommend all IV therapy business owners in every state take the following steps: 

1. Review all language across marketing platforms and within your business, avoiding affirmative language about benefits from IV therapy.

2. Closely monitor what the business and individual employees post on social media regarding treatments. It is important to note that hiring a marketing firm to post content is no excuse in the eyes of enforcement agencies.  If the content is posted on your site or social media platforms (regardless of who produced the content), they expect the business owner to be able to validate the information. Thus, you must closely scrutinize the content your marketing company generates.

3. Disclose in consent forms if the treatment is not well studied or not FDA approved. Consent forms should specify that results are not guaranteed. 

4. Train employees on how they can educate patients on treatment without making any guarantees. 

   
   

What does the crackdown mean for IV therapy providers nationwide? 

Connecticut is just one of a number of states closely examining the trade practices of IV therapy businesses. In another article on IV therapy compliance best practices, we cautioned that regulators were beginning to crack down after a lack of clarity in the new and growing industry. It is now clear that, as expected, state agencies have ramped up enforcement actions. For providers nationwide, now is the time to ensure both your marketing and your internal procedures are compliant. 

For guidance on best practices, reach out to our team.