07951 700 414Marketing in the healthcare industry is challenging.
Not only do you need to keep up with growing competition and digital developments, but you must also stay compliant. This means following the strict and extensive set of rules and regulations that govern how healthcare services and products are advertised in the UK.
Failing to do so can have serious implications. Before you launch a new website, run a social media campaign, or print a brochure, it is essential to understand what is required. Otherwise, you could put both your business and your patients at risk.
What rules and regulations do you need to follow?
In the UK, healthcare providers, from GPs and dentists to private clinics, hospitals, and pharmaceutical companies should look to the following sources for guidance:
- Advertising Standards Authority (ASA) and the CAP Code (UK Code of Non-broadcast Advertising and Direct & Promotional Marketing)
- General Medical Council (GMC) ethical guidance on communication and professional standards
- Committee of Advertising Practice (CAP) guidance notes
- Medicines and Healthcare products Regulatory Agency (MHRA) rules for medicines, medical devices, and therapeutic products
- Competition and Markets Authority (CMA) consumer protection law
- UK GDPR and the Information Commissioner’s Office (ICO) for data protection and patient privacy
Together these create a framework for healthcare advertising that protects patients and ensures services are marketed in a safe, fair, and transparent way.
Understanding the CAP Code and ASA rules
The ASA enforces the CAP Code, which sets out clear expectations for healthcare advertising. It explains what is acceptable, what is prohibited, the responsibilities of practitioners and businesses, and the consequences of failing to comply.
The underlying principles are clear:
- Advertising should help people make informed choices
- Misleading or exaggerated advertising risks compromising those choices
- Advertising must not encourage unnecessary or inappropriate use of healthcare services
Who do the rules apply to?
The rules apply to any person or organisation advertising healthcare services or products. This includes individual practitioners, clinics, hospitals, and any business providing health or wellness services.
What happens if you breach them?
A breach of advertising regulations can result in an ASA investigation, enforcement by the CMA, reputational damage, and in some cases legal action.
Main requirements for healthcare advertising in the UK
- Provide clear, factual information so patients can make informed decisions. This includes:
- Contact details and opening hours
- Accessibility information
- Languages spoken
- Fees and charges
- Practitioner qualifications
- Accreditations and relevant warnings
- Avoid prohibited practices, including:
- Providing false or misleading information (e.g. titles such as “specialist” when not approved by the GMC)
- Using gifts, discounts, or time-limited offers to encourage bookings
- Using patient testimonials that refer to clinical outcomes or treatment results
- Creating unrealistic expectations of treatment success
- Encouraging unnecessary or inappropriate use of services
- Making comparisons with other providers that could be misleading
Best practice from the ASA and CMA
- Promote your services on their professional merits
- Be honest and transparent about what you say and do commercially
- Always consider the overall impression of your advertisement and how it will be understood by patients
Guidance for social media advertising
Social media is a powerful tool but carries compliance risks. The ASA and GMC expect that:
- You keep professional accounts separate from personal accounts
- You are fully responsible for the content you publish, including comments made on your posts
- You regularly review and moderate content to ensure compliance
- You do not use before-and-after images or testimonials that suggest treatment success
Additional ethical guidance for doctors
The GMC states that doctors must put patients’ interests above commercial considerations. Advertising should always:
- Maintain clinical independence and integrity
- Be objective, not persuasive
- Support informed patient choice
- Avoid exploiting patients’ vulnerability
FAQs: Australian Healthcare Marketing: What You Need to Know to Stay Compliant
Healthcare marketing is governed by the Advertising Standards Authority (ASA), the CAP Code, General Medical Council (GMC) guidance, Medicines and Healthcare products Regulatory Agency (MHRA) rules, Competition and Markets Authority (CMA) consumer protection law, and UK GDPR for data privacy.
The ASA enforces advertising standards, supported by the GMC, MHRA, and CMA for specific areas like clinical claims, medicines, and consumer protection.
Include clear, factual information: contact details, opening hours, accessibility, fees, practitioner qualifications, accreditations, and relevant warnings.
Prohibited practices include misleading claims, testimonials about clinical outcomes, time-limited offers, gifts to encourage bookings, and creating unrealistic expectations.
Keep professional and personal accounts separate, moderate content, avoid before-and-after images, and ensure all posts meet ASA, GMC, and CAP Code guidelines.
Breaches can result in ASA investigations, enforcement by the CMA, reputational damage, and possible legal action.
Conclusion
Healthcare marketing in the UK does not just have to be effective, it must also be compliant. Strong strategies and tactics will only succeed if they are supported by a clear understanding of the rules.
By following ASA, CAP, GMC, ICO, CMA, and MHRA guidance, you will protect your patients, your reputation, and your business.
Want help ensuring your healthcare marketing is compliant? Contact Total Medical Design UK today.