Minnesota advertising rules for med spas

FTC and state limits on how treatments and results may be marketed. Below are the Minnesota rules that govern it, each linked to its primary source. Monitoring and reference, not legal advice.

Advertising rules in Minnesota

TWO MEDICAL PRACTICE ACT GROUNDS reach advertising, and the first of them covers SUBSTANTIATION and COMPARATIVE claims — the two things cosmetic marketing does most. The second catches an overselling advertisement as conduct likely to deceive the public, with no misled patient required. Beyond that Act, the Attorney General investigates violations of Minnesota law respecting unfair, discriminatory and other unlawful practices in business, commerce or trade.

  • ADVERTISING WHICH IS FALSE OR MISLEADING, which violates any rule of the board, or WHICH CLAIMS WITHOUT SUBSTANTIATION THE POSITIVE CURE OF ANY DISEASE, OR PROFESSIONAL SUPERIORITY TO OR GREATER SKILL THAN THAT POSSESSED BY ANOTHER PHYSICIAN, is prohibited and is grounds for disciplinary action. “Without substantiation” places the burden on the advertiser, and the superiority clause reaches “best in the Twin Cities” claims that contain no cure claim at all.

    Minn. Stat. § 147.091, subd. 1(e) · verified Sep 2, 2026

  • Advertising that oversells is also reachable as unethical conduct in its own right: CONDUCT LIKELY TO DECEIVE OR DEFRAUD THE PUBLIC is listed first among the unethical-conduct grounds, and carries the same “proof of actual injury need not be established” rule as the rest of subdivision 1(g). A misleading advertisement needs no misled patient.

    Minn. Stat. § 147.091, subd. 1(g)(1) · verified Sep 2, 2026

  • The attorney general shall investigate violations of the law of the state respecting unfair, discriminatory, and other unlawful practices in business, commerce, or trade, specifically including the Unlawful Trade Practices Act, and assist in their enforcement.

    Minn. Stat. § 8.31, subd. 1 · verified Sep 8, 2026

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