Page 14 - Katten Kattwalk and Kattison Avenue - Winter 2026 - Issue 5

Med Spas at the Intersection of Beauty, Wellness and Law (continued)

For fashion industry collaborations, these shifts have practical consequences. Brand partnerships should
be structured to respect CPOM and fee splitting rules, endorsements must meet FTC standards, pop up
activations require state by state supervision and device compliance, and any patient identifying content needs
HIPAA authorization and robust consent processes. Investors should pressure test MSO PC models against
current state guidance, ensure management fees reflect fair market value and confirm that quality oversight,
credentialing and incident response are real, not just “binder policies.”

Practical Takeaways for Counsel and Executives

Med spas operate at a culturally powerful nexus of aesthetics, wellness and retail, but they are still medical
practices for compliance purposes. A defensible model anchors clinical control with licensed professionals, aligns
delegation and supervision with state law, treats marketing as regulated speech and hardwires privacy, safety
and product integrity into daily operations. For fashion brands and agencies, the safest collaborations separate
marketing from medicine, avoid contingent compensation tied to clinical revenue, and harmonize disclosures
and claims across platforms. Given accelerating growth and enforcement, disciplined governance, documented
protocols and periodic compliance audits are now table stakes for sustainable scale.

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