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Influencer and content marketing: challenges and opportunities for the healthcare industry

Manatt Phelps & Phillips LLP


More than 93 million Americans – 80% of internet users – have searched online for a health-related topic, such as a particular medical treatment, doctor, hospital or health insurance. In response, healthcare companies are expected to spend $1 billion online over the next five years. Increasingly, healthcare marketers are implementing new approaches – such as influencer marketing and native advertising – to connect more effectively with their audiences.

As powerful as these new marketing options are, they can also pose serious pitfalls. Although they may not resemble traditional advertising or even be created by the healthcare organisation itself, influencer and content marketing campaigns are still subject to Section 5 of the Federal Trade Commission (FTC) Act prohibiting “unfair or deceptive acts or practices”. How can healthcare organisations safely navigate a dramatically changing marketing environment? Learn the answer in this webinar and earn continuing legal education (CLE) credit. 

This webinar will:

  • Explain the FTC’s guidance on the use of endorsements and testimonials in advertising, and related guidance on influencer marketing
  • Explore the FTC’s position on native advertising
  • Reveal the heightened risks for the healthcare industry and ways to mitigate them
  • Examine the potential liabilities of user-generated content and how to avoid them 
  • Analyse the latest marketing trends in the context of the Health Insurance Portability and Accountability Act (HIPAA) and other privacy protection standards
  • Share best practices for ensuring compliance with the FTC’s guidance on influencer marketing and native advertising  
  • Discuss recent cases and lessons learned

Even if you can’t make the live broadcast on 15 May, register for free now and you will receive a link to view the program on demand.

CLE on demand

To seek CLE, please register to watch the recording here and take note of the two codes which will be announced during the session.  

Attorneys seeking CLE in New York should download the following form and return it to the listed contact.

Attorneys seeking CLE in all other eligible states should register their details for the on demand webinar here. Our provider, CLE Helpdesk, will then follow up with your certificate(s) once approved.


Randi Seigel
Partner, Manatt Health

Randi Seigel’s practice focuses on advising health systems, long-term and post-acute care providers, physician practices, national and regional Medicare and Medicaid Advantage plans, healthcare start-ups and other healthcare stakeholders. She provides legal and strategic guidance across a variety of critical areas, including HIPAA and state privacy laws, corporate practice of medicine, Medicare and Medicaid conditions of participation and billing, fraud and abuse, compliance programme requirements and other regulatory and enforcement matters. She also has experience in providing regulatory and healthcare advice on a variety of complex transactions within the healthcare industry.

Po Yi
Partner, Advertising, Marketing and Media

With over two decades of experience in private practice and in-house, Po Yi provides cross-purpose, multidisciplinary legal counselling on transactional and regulatory matters in advertising, entertainment and digital media. She works with clients in strategically assessing competitive and regulatory compliance challenges; negotiating business alliances, including sponsorships, tie-in arrangements with sports and entertainment properties, co-promotion deals, agency agreements and talent endorsements; and developing and implementing advertising and marketing programmes across multiple platforms.


Randi Seigel
Po Yi


15 May 2019
17:00 - 17:55 UTC
55 min