Are There Legal Guidelines for Marketing Injectables at Your Med Spa?

If your med spa offers Botox®, dermal fillers, or other cosmetic injectables, marketing your services can be a powerful way to attract clients. However, it also comes with serious legal strings attached. The line between persuasive advertising and regulatory violation is thinner than many business owners realize, especially in Texas.

Here’s what you need to know before launching your next ad campaign or influencer promotion.

Your Marketing Can’t Mislead, Even In the Slightest

The Texas Medical Board (TMB), the Federal Trade Commission (FTC), and the U.S. Food and Drug Administration (FDA) all have rules restricting false, deceptive, or misleading advertising for healthcare services. Injectables are no exception.

What counts as misleading?

• Promising guaranteed results

• Using before-and-after photos without appropriate disclaimers

• Downplaying risks or side effects

• Describing injectables as “completely safe” or “risk-free”

Even if you're just trying to make your marketing sound engaging, statements that overpromise or oversimplify outcomes can trigger complaints or regulatory scrutiny. Staying grounded in accurate, realistic language builds trust with your patients.

Be Transparent About Who Performs the Procedure

Injectables are classified as medical procedures in Texas. That means they must be administered by licensed professionals or by properly delegated staff under physician supervision.

If your med spa uses vague language like “our team” or “our staff,” be cautious. Marketing materials should clearly state:

• Whether a licensed physician, nurse practitioner, or registered nurse is performing or overseeing the procedure

• That medical services are conducted under the supervision of a licensed medical professional

Don’t assume clients understand the difference between estheticians and medical providers. It’s your responsibility to be clear and compliant in all public-facing content, especially when it comes to procedures that carry medical risk.

Use Required Disclaimers in All Advertising

In Texas, disclaimers are not optional when promoting medical procedures. Any marketing or advertisement must include:

• The name of the supervising physician or medical director

• A statement indicating that procedures are performed by or under the supervision of licensed medical personnel

• Clear disclaimers for testimonials or before-and-after photos, such as “Results may vary” or “Individual results not guaranteed”

On social media, where space is limited and attention spans are short, it’s easy to overlook compliance. But the rules don’t disappear just because you’re using Instagram or TikTok. You’re still legally responsible for making sure all required disclaimers are present, even in short-form posts, videos, and Stories.

This means:

• If you're promoting injectables, you must disclose who performs the procedure and that it’s done under medical supervision, either in the post text or in an easily accessible link (like a bio or landing page).

• If you’re using before-and-after photos, you must include language like “Results may vary” or “Individual results not guaranteed,” even if you're posting a short caption.

• If you're sharing a testimonial, make sure it reflects a typical experience (or clearly states when it doesn’t), and avoid editing it in a way that could mislead.

While character limits may seem like a barrier, the FTC and Texas Medical Board expect compliance regardless of platform. Failing to include these disclosures, even unintentionally, could be considered a deceptive or misleading practice, potentially leading to complaints or enforcement action.

Avoid Superlatives and Absolute Claims

When marketing med spa services, especially injectables, it’s tempting to use eye-catching language like “painless,” “instant,” “guaranteed,” or “the best in town.” These superlatives and absolutes might boost engagement, but they can also expose your business to legal and regulatory risk.

In the eyes of the Texas Medical Board, FTC, and FDA, any claim that could mislead a reasonable consumer, even slightly, may be considered deceptive or unsubstantiated. This is especially true for health-related services, where consumers are expected to make informed decisions based on medically accurate information.

Why This Matters:

• Superlatives (e.g., “best,” “most advanced,” “top-rated”) imply a level of objective superiority that you may not be able to prove with independent data.

• Absolute terms like “instant,” “guaranteed,” or “risk-free” suggest outcomes that are universal or certain, which is rarely the case with medical treatments.

• These terms can give patients a false sense of security, especially if they don’t fully understand the risks, side effects, or variability of results.

Regulators don’t require that your marketing be dry, but it must be truthful, balanced, and evidence-based.

Problematic Phrases to Avoid:

• “You’ll love the results — guaranteed.”

• “Completely safe and painless.”

• “The best Botox® in Austin.”

• “Erase all wrinkles instantly.”

Even if these claims reflect your experience or positive feedback from patients, they’re still considered risky if you can’t support them with objective, measurable evidence.

Safer, Compliant Alternatives:

• “Many patients experience minimal discomfort; we’ll review what to expect before your procedure.”

• “Botox® is FDA-approved for the temporary reduction of fine lines and wrinkles.”

• “Our treatments are tailored to each client, and results vary depending on individual factors.”

• “We aim to deliver natural-looking results through safe, medically supervised procedures.”

By using measured, medically accurate language, you demonstrate professionalism, build trust, and avoid legal gray areas while still marketing effectively.

Influencer Marketing Is Your Responsibility

If you’re partnering with influencers, remember that your business is liable for what they say. Just because you didn’t write the post doesn’t mean regulators won’t hold your med spa accountable.

Make sure influencers:

• Clearly disclose any compensation (e.g., using #ad or #sponsored)

• Avoid making unsubstantiated claims or promises

• Stick to accurate, approved descriptions of your services

It's wise to provide influencers with pre-approved language or brand guidelines to reduce your risk.

Compliance Is Part of Your Brand

Marketing injectables without legal oversight can damage your reputation, trigger regulatory action, and even jeopardize your medical licenses. Texas med spas must balance compelling advertising with transparency, accuracy, and legal compliance.

At LDG, PLLC, we help med spa owners navigate every aspect of legal compliance, including advertising review, staff delegation rules, and liability protection. If you're unsure whether your current marketing strategy meets the legal standard, we can help you get clarity before it becomes a problem.

Have questions about your marketing strategy or compliance risks?

Contact LDG PLLC today to schedule a consultation and protect your med spa from costly legal missteps.