Are there recent FDA or FTC actions regarding deceptive medical infomercials or fabricated endorsements?
This fact-check may be outdated. Consider refreshing it to get the most current information.
Executive summary
Federal regulators have recently redoubled enforcement against deceptive medical marketing: the Federal Trade Commission has pursued cases and settlements against health-product marketers and telehealth firms — notably an FTC action and settlement involving NextMed over fake reviews, misleading prices and deceptive GLP‑1 weight‑loss claims (July 14, 2025) — while the Food and Drug Administration, joined by HHS, launched a broad “crackdown” in September 2025 targeting misleading direct‑to‑consumer prescription drug advertising and sent thousands of letters and dozens of cease‑and‑desist warnings to firms [1] [2] [3].
1. Federal enforcement is active and multifaceted, not limited to old‑style infomercials
The FTC’s longstanding authority to police deceptive health advertising extends beyond product makers to ad agencies, infomercial producers, endorsers and others, and the agency has used remedies ranging from corrective advertising and disclosure mandates to court‑ordered bans and monetary relief — tools the FTC says it will use where marketing is deceptive [4] [5]. Recent FTC press activity includes refund mailings tied to deceptively marketed cognitive supplements and multiple enforcement actions against marketers of health products [6] [7].
2. Telehealth and influencer‑style deception are front and center for the FTC
Enforcement is increasingly aimed at modern channels: the FTC charged and settled with telemedicine operators doing business as NextMed for allegedly using fake testimonials, misleading pricing and overstated weight‑loss claims tied to GLP‑1 drugs, reflecting the agency’s focus on telehealth membership schemes and undisclosed consumer commitments [1] [8]. The FTC has also warned trade associations and influencers about deceptive social posts and is enforcing rules that target manipulated or undisclosed consumer reviews [7] [9].
3. FDA has shifted into a higher‑intensity posture on DTC prescription advertising
In September 2025 the FDA and HHS announced sweeping reforms and a stepped‑up enforcement posture directed at direct‑to‑consumer prescription drug promotion, citing a drop in prior warning letters and systemic under‑enforcement; the agency sent a large batch of letters to sponsors directing removal of non‑compliant advertising and reported issuing roughly 100 cease‑and‑desist style letters tied to deceptive ads [2] [3] [10]. The FDA framed social media and paid influencer promotion as priorities for scrutiny and indicated it would pursue rulemaking to close perceived loopholes in how safety information is presented [11] [2].
4. Coordination — and overlapping jurisdictions — matter in practice
The FTC and FDA share jurisdiction over health‑related marketing: the FTC focuses on advertising while the FDA focuses on labeling and prescription promotion, but the agencies coordinate through a liaison agreement and can both pursue actions touching the same conduct, from deceptive labeling to misleading endorsements [4] [5]. Recent DOJ, HHS, and FDA pronouncements suggest interagency coordination to increase oversight and prioritize “egregious” violations, particularly where consumer harm from digital influencer promotion is alleged [11] [12].
5. Industry reaction, legal limits and political context complicate enforcement outcomes
Law firms and industry observers note the agencies’ sharper stance will disrupt large DTC ad budgets and may prompt litigation over statutory authorities, with some questions already raised about the scope of civil monetary penalties and constitutional limits in specific cases [12] [3]. At the same time, regulators’ mass‑letter campaigns and publicized crackdowns reflect political pressure to show action on consumer protection and public health — an implicit agenda that both amplifies enforcement and invites pushback from affected industries [10] [2].
Conclusion — answer to the question
Yes: in the past year both the FTC and FDA have taken demonstrable actions against deceptive medical marketing and fabricated endorsements — the FTC through enforcement, settlements, refund programs and warnings aimed at health‑product marketers, telehealth firms and influencers (including the NextMed matter) [6] [1] [7], and the FDA via a September 2025 campaign of letters, cease‑and‑desist notices and a public “crackdown” on misleading prescription drug advertising including social media promotion [2] [3]. Reporting indicates this is an active, coordinated regulatory push focused on modern channels (telehealth, social media, influencer endorsements), though details about future rulemaking, litigation outcomes and long‑term impact remain evolving and are not resolved in these sources [11] [12].