Email is a popular option for advertising because of its low cost and high return on investment. But medical practices and spas (collectively, “Medical Practices”) using email to advertise services must be mindful not only of their state’s restrictions on physician advertising, but the broader limitations governing email advertising.

Physician Advertising in General
Under Texas law, a Medical Practice is prohibited from advertising in any way that is false, deceptive, or misleading.  Every state has some form of this prohibition, and many states, like Texas, promulgate specific lists of prohibited advertising. For example, Texas regulations prohibit, among other things, any advertisement that contains material false claims or misrepresentations of material facts which cannot be substantiated.  This means that before using an advertisement for services, a Medical Practice should meticulously review its contents to ensure the advertisement is accurate, contains verifiable claims, and is in no way deceptive or misleading.

Email Marketing Requirements
Any email that has a primary purpose of advertising or promoting a commercial product or service must comply with the Controlling the Assault of Non-Solicited Pornography and Marketing (“CAN-SPAM”) Act.  While the scope of emails covered by the CAN-SPAM may be broad, the good news is that compliance is fairly easy.  Under CAN-SPAM, any advertisement or promotion a Medical Practice sends via email must comply as follows:
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