FTC Targets Med Spas with Million-Dollar Penalties for Unsubstantiated Treatment Claims

Federal regulators impose up to $43,792 per violation as medical spas face scrutiny for misleading advertising promises

The Federal Trade Commission is aggressively pursuing medical spas that make unsubstantiated claims about treatment outcomes, with recent enforcement actions resulting in judgments exceeding $6.6 million for companies that failed to provide competent scientific evidence supporting their advertising promises.

Medical spas across the country are discovering that their marketing materials face the same stringent requirements as pharmaceutical companies. The FTC requires all healthcare-related advertising claims to be supported by competent and reliable scientific evidence, a standard that many aesthetic practices are failing to meet as they promote treatments with promises of guaranteed results or exaggerated safety claims.

Common Violations Trigger Federal Investigation

The most frequent violations involve medical spas claiming treatments are “100% painless,” guaranteeing specific cosmetic results, or promoting procedures as having permanent effects when results are actually temporary. These seemingly minor marketing exaggerations are triggering federal investigations that can devastate businesses through civil penalties reaching $43,792 per violation.

Beyond individual violation penalties, the FTC has authority to seek disgorgement of unlawful profits that can reach millions of dollars and require full consumer refunds. The agency can also impose “fencing-in” remedies that restrict future advertising practices beyond the specific violation, creating long-term operational constraints for violating businesses.

“Many med spa owners treat their marketing copy like any other business would, not realizing they’re subject to medical advertising regulations,” said Lynn Wilkinson, CEO of BloomDigital, a digital marketing agency that helps growth-focused med spas attract more clients. “A simple claim about pain levels or treatment permanence that seems harmless can trigger a federal investigation costing hundreds of thousands in legal fees alone, even before any penalties are imposed.”

Before-and-After Photos Under Scrutiny

The FTC is also cracking down on deceptive use of before-and-after photographs, which have become a cornerstone of medical spa marketing. Violations include using images stolen from other providers, digitally altering photos to enhance results, or presenting atypical outcomes as standard results that patients can expect.

The agency requires that before-and-after photos reflect typical results and include clear disclaimers when outcomes vary significantly between patients. The practice of stealing photos from other providers has become so prevalent that legitimate practices now watermark their images, though sophisticated violators continue finding ways to edit these protections out.

One documented case involved a medical spa facing $35,000 in fines when investigators discovered the practice was not only using stolen before-and-after photos but also had website analytics that tracked users viewing specific procedure pages while storing this data, creating both advertising compliance and privacy violations.

Testimonial Requirements Create Additional Liability

Medical spas must also comply with strict FTC guidelines regarding patient testimonials and influencer partnerships. Violations occur when practices fail to disclose material connections with paid endorsers, use testimonials without proper patient consent, or present testimonials that do not reflect typical treatment results.

The testimonial requirements become particularly complex when medical spas work with social media influencers. When practices compensate influencers with cash payments or free treatments, they become subject to medical advertising regulations and bear responsibility for everything the influencer says about the practice. This creates significant liability when influencers make unsubstantiated claims about being “the best” provider or guaranteeing specific results.

The FTC issued warnings to over 90 social media influencers in 2017 regarding required disclosures for compensated content, signaling increased enforcement activity in the social media marketing space that directly impacts medical spa advertising strategies.

Joint Enforcement with FDA Increases Risk

The FTC works jointly with the Food and Drug Administration to issue cease-and-desist letters and warning letters to violating establishments. Companies that fail to comply within 15 days face potential legal action with penalties similar to FTC enforcement actions, creating a coordinated federal response that increases compliance pressure on medical spas.

This joint enforcement approach means that medical spas face scrutiny from multiple federal agencies simultaneously, multiplying potential penalties and creating complex compliance requirements that span both trade regulation and medical device oversight.

The financial consequences extend beyond direct penalties to include legal defense fees, business interruption losses, reputation damage, and increased insurance premiums. Medical spas should implement regular legal reviews of all advertising materials and ensure staff training on regulatory requirements covers both treatment claims and promotional content guidelines.

“The regulatory environment is becoming increasingly sophisticated, with federal agencies sharing information and coordinating enforcement,” Wilkinson explained. “Med spas can no longer treat marketing as separate from regulatory considerations. The businesses thriving in this environment are those that understand the intersection of effective marketing and compliance requirements.”