Why Ounce?

You manage your other business risks, so why not health marketing?

Many health marketers do not have adequate risk management because they think they either don’t need it or cannot afford it. The pitfalls of today’s healthcare advertising are real.

 
 
 
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Costs associated with non-compliance

Not having proper marketing risk prevention training and policies can be costly to you and your health care organization.

 
 

$250,000+

average legal fees and expenses for contested trademark or copyright suit through trial

$35,000 -$150,000

statutory damages for copyright infringement (per infringing copy) of digital images, medical journals, articles, software licenses, and other protectable works.

Increased monetary damages awards

for willful trademark or copyright infringement 

Injunctions

court order that mandates certain marketing to cease, which could include an order for the violator to make corrective advertising at its own expense.

Exclusion from Medicare & Medicaid provider programs

for violations of Stark law prohibiting physician self-referrals

HHS fines & patient & consumer lawsuits

for using protected health information (PHI) of patients in marketing campaigns, texts, email, or in other promotional solicitations

FTC fines & investigations

for unsubstantiated health claims in health products advertising

 

Recent Cases

Here are some recent examples where health companies were exposed to risk:

 
 

A regional healthcare system was sued by a health insurance company for trademark infringement.  It’s potential costs to change its logo and associated marketing collateral and signage was over $2 million.

A health and wellness organization was sued by a major software company for copyright infringement due to not having proper licenses, resulting in potential monetary damages of $30,000-$150,000 per infringing use.

A hospital’s trademark application was opposed by a competitor in the U.S. Patent and Trademark Office, resulting in costly legal fees and expenses that can average $80,000 or more for a fully-contested proceeding.

U.S. Health and Human Services fined a physical therapy company $25,000 for HIPAA Marketing violations for impermissible use of patient names and photos in website testimonials.  The company also had to submit a corrective action plan.

To learn more about our health marketing compliance solutions, contact us.