Read This BEFORE You Market GLP-1 Treatments

GLP-1 agonist drugs, which most people associate with brands like Ozempic, Wevovy, or Mounjaro, are the most popular hyper trend happening in aesthetic medicine right now. 

According to a recent study, about one in every eight adults in the United States has taken a GLP-1 medication. 

Unfortunately, many medical spas that have participated in the GLP-1 wave are now facing legal action from drug manufacturers for their advertising and the way they have presented outcomes, their patients, and themselves.

To avoid problems with your marketing program or business operations, we have broken down how you should and should not market and advertise GLP-1 drugs and provided some background information on how this situation has developed.

What Is Happening With GLP-1 Medications?

Novo Nordisk developed the popular drugs Ozempic, Rybelsus, and Wegovy and owns the patents and corresponding registered trademarks for them. All three drugs contain the ingredient semaglutide. 

Similarly, Eli Lilly, the manufacturer of tirzepatide-based products like Mounjaro and Zepbound, owns the patents and trademarks for these products. 

Understanding Compounded GLP-1 Drugs

In the past, the FDA listed semaglutides and tirzepatide as “in shortage,” which meant that many facilities were able to develop compounded variants of these GLP-1 medications. 

As of today, the FDA has removed the “in shortage” label for tirzepatide medications, which means that facilities and practices will no longer be able to use or distribute the compounded versions after March 19, 2025. 

What does this mean for your practice?

The only tirzepatide medications you will be able to provide to your patients are Mounjaro and Zepbound.

Understanding the Legal Risks

Medical spas that are not following proper advertising policies are at risk of facing legal action from both Novo Nordisk and Eli Lilly.

Why? 

Using any properties that Novo Nordisk or Eli Lilly own is simple copyright infringement. They do not want you to use their names, branding, or logos unless you are using their products. (This is mostly prevalent for the phrase “semaglutide,” but it applies to trade names as well.)

What does this mean for your practice?

If you are using terms like “Wegovy,” “semaglutide,” “Zepbound,” “tirzepatide,” “Ozempic,” or “Mounjaro” in your advertising or marketing, you need to make sure you are providing the brand-name medications to your patients. Otherwise, you could be subject to legal action.

This is no different than marketing Botox, Dysport, or other branded botulinum toxins. If you are using the trade names in your marketing, you need to actually provide the trade names in your practice. 

You cannot market Botox and give someone something else when you don’t have an Allergan account, just like you can’t market “Mounjaro” if you aren’t providing that exact drug to your patients. 

Google Ads Require LegitScript Certification for GLP-1s

Unless you are LegitScript certified, you are not allowed to advertise any terms or phrases like “semaglutide” or brands like “Ozempic.” The LegitScript certification process is lengthy and involved. It also requires a $975 application fee and a $2,150 annual website fee.

Typically, the process looks like this:

1. Create an account and start a new certification process. 
2. Complete a detailed questionnaire and upload numerous documents related to your practice.
3. Complete the clarification and mediation process with LegitScript representatives.
4. Pay the subscription fee. 

Once you are certified, you need to call Google to have these types of ads approved. The process is manual and can take anywhere from one hour to a few months, depending on who you speak to at Google. 

These restrictions apply to more than just the ad copy itself; traffic from your paid advertisements cannot be sent to a landing page that includes these phrases, either. 

For now, it seems like generic phrases like GLP-1 and “skinny shots” are still permissible, but they are weak keywords and phrases that do not target or define your audience very well.

Meta Is Tightening Its Regulations

Until recently, only terms like ‘Ozempic” were being shut down by the Meta platform, but this has recently expanded to include phrases like “semaglutide” and “tirzepatide” as well. 

For now, it seems like more high-level terms like “GLP-1” and “weight-loss injections” are still safe, but the situation is evolving, and you will need to check in regularly to see what is being allowed. 

Payment Processors Are Flagging Practices as High-Risk

Payment processors are following suit with advertising platforms, flagging weight loss treatment providers as high-risk merchants. This scrutiny stems from concerns about internet pharmacies, which traditionally face higher processing fees and stricter oversight. 

Many payment processors now automatically categorize medical practices that mention terms like "GLP-1" or "weight loss injections" on their websites as high-risk merchants. This can lead to automatic account reviews or even frozen funds without warning, creating serious disruptions to your business operations.

What to Avoid When Marketing GLP-1 Treatments

If your practice offers GLP-1 treatments, here is a list of things you should not do in your marketing and advertising in order to steer clear of potential compliance issues:

1. Do not use brand names (such as Ozempic, Wegovy, Mounjaro, or Zepbound) or drug names (such as semaglutide or tirzepatide) in your marketing unless you are going to use those specific brand-name products on your patients.
2. Do not use the phrase tirzepatide in your marketing unless you have the Mounjaro or Zepbound brand name medications for your patients. (Takes effect March 19)
3. Be cautious with payment processing: Providers mentioning specific weight loss treatment terms on their websites may be flagged as high-risk merchants, potentially facing account reviews, higher fees, or frozen funds that can disrupt operations.

Options for Marketing GLP-1 Treatments 

Stricter regulation does not mean that you cannot market semaglutide or other GLP-1 products. In fact, there are many ways to communicate to the public without putting yourself in legal risk:

• Use generic phrases like “GLP-1 Treatments” or “GLP-1 Weight Loss Treatments.”
• Use phrasing that indicates you will be using a “compounded semaglutide” or “compounded tirzepatide.” 
• Provide brand-name drugs to your patients that are FDA-approved for the service you are trying to advertise, e.g., “Wegovy for weight loss.” 
• Add a prominent disclaimer on your website stating that you are a licensed medical practice providing in-person consultations and treatments, not an internet pharmacy. 

Take Steps Now to Avoid Issues

We cannot stress enough that this shouldn’t be a problem you put on the back burner until you get hit with a lawsuit. It is much easier to solve it now than it will be later down the road. 

If you need help figuring out how to change your marketing approach while still effectively targeting GLP-1 patients, we are happy to answer any questions.