Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Alerts
    4. Facebook strengthens policies around prescription drug advertising for online pharmacies, telehealth providers, and pharmaceutical manufacturers

      Alerts

    Alert / Healthcare

    Facebook strengthens policies around prescription drug advertising for online pharmacies, telehealth providers, and pharmaceutical manufacturers

    Aug 5, 2021

    LinkedInX (Twitter)EmailCopy URL

    By Rebecca Simone, Laurie Cohen, Christina Chang, Harsh Parikh and Mambwe Mutanuka

    The social media giant provides more clarity for advertisers and strengthens its enforcement of existing policies related to prescription drugs and telehealth.

    What’s the Impact?

    • These policy updates directly impact pharmacies, telehealth providers, and pharmaceutical manufacturers and may indirectly impact individuals who are paid to promote healthcare items/services on the platform.
    • Experienced counsel can help healthcare and pharma businesses, as well as talent and content creators, navigate these changes and ensure compliance with the new policies.

    DOWNLOAD

    Facebook pharma ad policy (PDF)

    Facebook recently announced that it has updated its policies related to prescription drug advertising. The changes seek to provide more clarity and serve to strengthen Facebook’s enforcement of its policies related to prescription drugs. The updates directly impact pharmacies, telehealth providers, and pharmaceutical manufacturers, and may indirectly impact individuals who are paid to promote healthcare items/services on the platform. Facebook made many of its advertisers aware of these changes prior to notifying the public.

    Although promoting prescription drugs is common practice in the healthcare industry, Facebook prohibits the sale of prescription drugs across its entire platform, and requires advertisers to comply with all applicable laws and regulations. Historically, Facebook has required online pharmacies to go through a certification process prior to running ads on the platform; however, the upcoming changes require similar certification for telehealth providers and implement additional requirements.

    What is changing?

    Beginning on August 25, 2021, Facebook will implement additional pre-approval requirements for telehealth providers, pharmaceutical manufacturers, and online pharmacies that seek to place advertisements on the platform that include the promotion of prescription drugs. Advertisers will now need to present a written certification from LegitScript, a third-party certification provider, prior to running ads on the platform. Pharmaceutical manufacturers will not be subject to the LegitScript certification process, but will be required to go through Facebook’s pre-approval process prior to running ads.

    The company is restricting advertising on its platform to advertisers that fall into one of the following three categories: online pharmacies, telehealth providers, and pharmaceutical manufacturers. The advertisers may only promote their products in the United States, Canada, or New Zealand, and the ads must not target individuals under the age of 18.

    Facebook is also implementing a new pre-approval process for businesses that want to “raise awareness and promote prescription drugs, for example in order to share information around medical efficacy, accessibility[,] and affordability of different types of treatments.” The updated policies also add more clarity surrounding such use cases.

    Instead of a single ad policy, Facebook is implementing three separate policies: promotion of online pharmacies; promotions of prescription drugs; and promotion of unsafe substances.

    How does this impact you?

    Telehealth providers, online pharmacies, and pharmaceutical providers should be aware of the changes in order to ensure compliance with the new policies by August 25. Further, individuals who are tapped to promote the foregoing should be aware of the platform rules to avoid having content removed and disputes with the brands over breach, payments, and make goods.

    Practices

    HealthcareDigital Health & TelemedicineSocial MediaAdvertising, Promotions & Rights of Publicity

    Industries

    Healthcare

    Insights And Happenings

    • Alert

      DEA proposes regulations for prescribing controlled substances via telemedicine

      March 2, 2023
    • Alert

      Applications open for the New Equity-Based Accountable Care Organization Model: ACO REACH

      March 8, 2022
    • Press Release

      Federal judge allows lawsuit seeking protection for New Hampshire residents facing dangerous institutional placements in nursing facilities to proceed

      Nov 29, 2021
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved