Marketing Problems by Hims & Hers and Lilly

Telehealth and pharma are facing some of their biggest compliance challenges yet—and the latest enforcement actions prove regulators aren’t slowing down.

On one side, the FTC is investigating Hims & Hers, a popular telehealth company, over allegations of misleading advertising and unfair cancellation practices. This case highlights how patient-facing companies must tread carefully when making claims about access, outcomes, or subscription services. The FTC’s involvement signals that “growth hacking” in healthcare has limits—and consumer protection laws apply just as strongly in digital health as anywhere else.

On the other side, Texas has filed a lawsuit against Eli Lilly, accusing the pharma giant of using financial incentives to improperly influence providers. This shows that traditional pharma companies aren’t immune from state-level scrutiny, particularly around patient support programs and alleged inducements. It also underscores how states are stepping up enforcement even as federal agencies tighten their own oversight.

Together, these cases send a clear message: direct-to-patient (DTP) programs are not risk-free. Whether you’re a telehealth startup or a multinational pharma, you’re operating in the same regulatory ecosystem. Advertising claims, patient subscriptions, support programs, and even reimbursement structures are now under the microscope.

In this episode, Darshan breaks down the compliance red flags exposed by both cases and shares key strategies every company should adopt to reduce risk while building sustainable DTP programs. The big takeaway? Compliance isn’t a barrier to growth—it’s the only way to ensure your innovations survive regulatory scrutiny and protect patient trust.

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