Healthcare Marketing Law Guide

Insight on Marketing Compliance and Brand Protection for the Health Industry

Latest from Healthcare Marketing Law Guide

The role of health marcom compliance continues to grow in importance in 2019. The American Marketing Association defines Marcom (or Marketing Communications) as follows: Marketing communications, or “marcom,” is an all-encompassing term, as it covers marketing practices and tactics including advertising, branding, graphic design, promotion, publicity, public relations and more. A trend fueling the rising interest in health legal compliance and training?  The risk of lawsuits. Health Marketing Lawsuits.   Lawsuits involving the offering…
Joel English, Managing Partner at BVK, presented further insight on health brand architecture at the SHSMD annual conference last week in Seattle. Brand architecture defined.  Brand architecture is how all the pieces of a brand and its value promise fits together.  Healthcare brands can include many brands components.  Joel provided the following example of a fictitious health brand ecosystem: Driver Brands:  Anchor University Hospital – part of True Health Strategic Brands: Anchor Medical Group…
The SHSMD annual conference continues with a great health brand communications presentation by Joel English, Managing Partner of BVK.  Joel succinctly shared the most important thing that every health marketer should know: The valuation of a healthcare system’s brand is the highest asset on its balance sheet. Here are some things to remember in protecting the integrity of your healthcare brand: Health brands are goodwill.  Your health brand is an intangible asset. In the healthcare…
SHSMD 2018 continues with David Marlowe, CEO of Strategic Marketing Concepts, who provided an excellent presentation entitled Healthcare Marketing Plans That Work. As a former President of SHSMD and health marketing expert and author, he provides practical insight. According to David, a good health marketing plan should include the following elements: Executive Summary.   This is an overview of strategic plan priorities and goals. Market Audit.   These are the key factors that influence the marketing…
SHSMD 2018 is now under way in Seattle, Washington. The Society for Healthcare Strategy & Market Development (SHSMD),  is a professional membership group of the American Hospital Association.   The annual conference brings together health marketing and strategic leaders from healthcare systems, providers, and consulting companies nationwide. This morning’s Healthcare Marketing Credentials session features faculty member Rob Klein of Klein & Partners.  Rob’s company provides health marketing research and customer insight to help his clients make…
Dietary supplement compliance is a complex matter, requiring broad vetting of not only packaging but also all advertising and marketing materials. Unfortunately, many manufacturers and distributors still leave themselves open to legal risk. All too often, they focus on Food and Drug Administration (FDA) requirements and miss a crucial step in dietary supplement compliance, namely adhering to Federal Trade Commission (FTC) requirements. FDA vs FTC.  While both the FDA and FTC have authority over marketing…
Many healthcare companies believe that their U.S. trademark registrations are safe from trademark cancellation.  This can be a fatal mistake if you are not well-versed in trademark compliance law. Trademark cancellation rules.  In the United States, trademark registrations enjoy a ten-year term, which can be renewed for additional ten (10) year periods upon a showing of use.  That being said, trademark registrations are subject to cancellation under the following conditions:  Administrative cancellation by the…
Responsible health marketing compliance starts with proper employee training. Who needs training.   If you and your company are a provider of health and wellness products and services, you are obligated to comply with various health marketing laws.  This includes health systems, hospitals, clinics, and physician practices.  It also applies to the marketing of health products and solutions to the general public, such as medical and long-term care insurance, nutritional supplements, fitness products, and natural remedies…
This is part of a continuing series on health trademark compliance and training.  This installment reviews trademark basics and clearance considerations. Many healthcare systems and providers still lack a basic understanding of how health trademarks are cleared, approved, and registered.  The root cause if often the failure of employee education and compliance training.   When health providers fail to properly clear the use or registration of a trademark before commencing such use, the risk to the…
An effective trademark compliance policy may be good for your health. Each year, healthcare providers are named unwitting defendants in trademark infringement suits in the U.S. district courts.  The same holds true for trademark opposition and cancellation proceedings brought before the U.S. Trademark Trial and Appeal Board.  So what is the good news?  Many lawsuits can be avoided through proper education and trademark compliance training. By way of example, the National Institute of Health (NIH)