Page 11 - Katten Kattwalk and Kattison Avenue - Winter 2026 - Issue 5
P. 11

These relationships carry legal and business            financial or promotional arrangement between
        implications, and as collaborations expand, both the    the providers and endorsers of the product or
        fashion and med spa industries must navigate health     procedure. Moreover, when photos or videos
        care and consumer protection rules that apply even      intended for sharing on digital or other platforms
        in nontraditional settings. On the commercial side,     include identifiable patient information — for
        fashion houses and talent agencies must structure       example, facial features, names or distinguishing
        partnerships with med spas to avoid prohibited fee      marks — the appropriate Health Insurance Portability
        splitting or “patient brokering” under state law and    and Accountability Act (HIPAA) authorization and
        ensure that any management or brand licensing           privacy safeguard mechanisms must be in place.
        arrangement does not improperly influence the           Fashion week pop-ups or mobile activations
        med spa’s clinical judgment. On the marketing side,     introduce additional issues: health care scope of
        cross promotions, influencer testimonials and before    practice and supervision rules follow the state where
        and after content are regulated: the Federal Trade      the activation occurs, and off site events can also
        Commission (FTC) requires truthful, non misleading      trigger additional facility, device and emergency
        claims and clear, conspicuous disclosure of any         preparedness requirements.


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