What is said in advertising matters. A lot. Earlier this month, the FDA issued over two dozen warning letters to telehealth companies regarding GLP-1 advertising. Drug manufacturers routinely send cease and desist letters over GLP-1 advertising under the auspices of false or misleading statements. Telehealth companies, compounding pharmacies, and prescribers must take notice of the dynamics – what is said in advertisements is the quickest way to bring scrutiny to a practice.

While advertising is the front porch to a practice, statements made in advertisements are also considered admissions made by the entity. These admissions may be captured, archived, and used against an unsuspecting provider.

Why the Language Matters

Semaglutide—the active ingredient in Ozempic® and Wegovy®—is produced using recombinant yeast through a specific, patented process. Compounding pharmacies utilize different formulations than manufacturers to create compounds. The compounded version may function similarly, but it's not the same product.

Compounding is legal when specific conditions are met. But marketing a compounded drug product as "semaglutide" or "just like Wegovy" or "similar to semaglutide" creates confusion for patients, according to the government and manufacturers, and misrepresents what's actually being sold.

From the perspective of the government or drug manufacturers, if your website says "semaglutide" and you're marketing, prescribing, or dispensing a compounded drug product, you're using the name of their drug to market something other than their product. That's the basis for a claim against a telehealth company, a compounding pharmacy, or a provider.

What This Means for Your Operation

If you're running a telehealth company or a compounding pharmacy or acting as a healthcare provider that offers compounded weight loss products, your website language is under scrutiny. The government and manufacturers, when aligned on enforcement priorities, have vast resources to monitor advertising across the industry. The correspondence being sent contains demands with short deadlines.

Regulatory pressure is increasing too. The FDA has signaled intent to restrict GLP-1 APIs used in compounded products. The agency has indicated it will use seizure and injunction as enforcement tools.

For operators in this space, the pressure is coming from multiple directions. Manufacturer lawsuits operate under the Lanham Act. FDA enforcement operates under a different federal law. Both are active, and both are focused on how compounded GLP-1 products are being marketed.

What to Do Now

If your website references compounded drug products, it's worth finding out whether your language is defensible before someone else decides it isn't.

RxLaw Group helps pharmacies, clinics, and healthcare operators review website content for compliance risks. Schedule a consultation with Matt Gibbs to discuss a website compliance review.