Episode 3: The FTC Steps In: Health Apps, Misleading Claims & the Power of Section 5

In this episode, our hosts focus on the Federal Trade Commission (“FTC”), breaking down how and why the FTC began aggressively policing health‑related companies, especially those not covered by HIPAA. This episode covers the first‑ever enforcement of the Health Breach Notification Rule, what triggered it, and how misleading privacy claims, hidden data‑sharing practices, and post‑Dobbs concerns pushed the FTC to act.The team walk through major cases, including GoodRx, Flo Health, and BetterHelp, to show how companies collected or sold sensitive health information while making promises of privacy they didn’t keep. They also explain how Section 5 (unfairness + deception) continues to be the FTC’s most powerful tool, and what all of this means for beauty, wellness, and digital health brands operating outside traditional healthcare regulation.Disclaimer:The content of this podcast is for informational purposes only. It is not intended to, and does not constitute, legal advice or a solicitation for the formation of an attorney-client relationship. The information in the podcast is not a substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction. Podcast listeners should not act upon any information in the podcast without first consulting legal counsel of their own directly. This podcast does not constitute the practice of medicine, nursing or other professional health care services, including the giving of medical advice. The use of information on this podcast or materials mentioned in this podcast is at the user’s own risk.