Key Points of the Medical Advertising Guidelines
Organizes the intent of the Ministry of Health, Labour and Welfare's "Medical Advertising Guidelines" and the items that most often become points of contention in the web expressions of self-pay clinics (conditional exemption, testimonials, before/after photos, and reviews).
- 定義
- 医療広告ガイドライン
The common name for the "advertising regulations for hospitals and others under the Medical Care Act" set forth by the Ministry of Health, Labour and Welfare. It is a regulatory framework aimed at protecting patients, prohibiting false, exaggerated, comparative-superiority, and other expressions not based on objective facts in advertising by medical institutions.
Scope of the regulation
The Medical Advertising Guidelines regulate expressions that satisfy all three of the following requirements as "advertising."
- Inducement: there is an intent to induce patients to seek treatment or the like
- Specificity: a specific medical institution or physician can be identified
- Recognizability: it is displayed in a manner that ordinary people can recognize
The websites of medical institutions are a medium that easily satisfies these requirements. Because of the nature that patients view them of their own volition, a certain degree of relaxation may be recognized in some cases, but it is desirable to operate on the side of caution.
Main types of prohibited expressions
| Type | Example |
|---|---|
| False advertising | "Guaranteed to cure," "No side effects whatsoever" |
| Comparative-superiority advertising | "Number one in Japan," "No.1," "The pinnacle" |
| Exaggerated advertising | Claims of effects not based on objective facts |
| Testimonials | Descriptions of treatment effects based on the patient's subjective view |
| Before/after photos (when requirements are unmet) | Publication that does not meet the conditional exemption requirements |
| Violation of public order and morals | Inappropriate expressions in general |
Requirements for conditional exemption
When all of the following requirements are met, the publication of some expressions that would inherently be subject to regulation is permitted.
- It must be a website or the like that displays information which the person receiving medical care obtains at their own request
- Regarding the provision of that information, the medical institution's contact details, the name of the person in charge, etc. must be displayed
- In the case of self-pay care, the treatment content, costs, etc. must be clearly indicated
- In the case of self-pay care, the main risks, side effects, etc. of the treatment must be clearly indicated
Point-by-point check of web expressions
Before/after photos
- Display the treatment content, costs, risks, side effects, and typical course of progress on the same screen or within a range that is clearly linked
- Clearly state that there are individual differences
- Avoid guaranteeing effects or implying maximum effect
Testimonials
- Testimonials in the form of the patient's subjective descriptions are in principle not permitted for publication
- Clearly distinguish between objective explanations of the treatment course and testimonials
Third-party platforms such as Google reviews
- Reviews on Google Business Profile are in principle outside the scope of "advertising"
- However, if you republish them on your own clinic's website, the determination of whether they count as advertising changes
Display of specialist qualifications, years of experience, etc.
- Can be displayed within the range based on objective facts
- When displaying them, it is desirable to also note the official name of the qualification and the certifying body
Relationship with the LLMO/SEO standpoint
Expressions that comply with the Medical Advertising Guidelines become an element supporting "Trustworthiness" from an E-E-A-T standpoint. When an LLM selects a source to cite as well, exaggerated expressions suspected of violating the guidelines can be considered likely to work unfavorably in the source selection of AI search, which places importance on trustworthiness.
Summary
- The three requirements of the Medical Advertising Guidelines (inducement, specificity, recognizability) are easily established on the web as well
- The conditional exemption is only established once the requirements are made real on the UI as well
- Guideline compliance works in the direction of increasing a page's trustworthiness in LLMO/SEO too
Sources / References
- On the Advertising Regulations for Hospitals and Others under the Medical Care Act — 厚生労働省 / 2024-09Commonly known as the "Medical Advertising Guidelines"
- Q&A on the Medical Advertising Guidelines — 厚生労働省 / 2024-09
FAQ for this article
- Q. Does my own clinic's website count as "advertising"?
- A. A medical institution's website has a position where it is distinguished from "advertising" under conditions such as being viewed by patients of their own volition and meeting the conditional exemption requirements. However, depending on how it is actually operated, its status as advertising may be called into question. In practice, it is advisable to err on the side of caution and thoroughly apply guideline-compliant expressions across all pages.
- Q. Are before/after photos completely prohibited?
- A. They are not completely prohibited; publication is permitted once the conditional exemption requirements (explanation of the treatment content, costs, risks and side effects, typical course of progress, etc.) are met. Publishing them without meeting the requirements constitutes a guideline violation.
- Q. Is it possible to publish reviews?
- A. There are strong restrictions on publishing reviews that constitute testimonials. Reviews on third-party platforms such as Google are in principle outside the scope, but if you republish them on your own clinic's website, the determination of whether they count as advertising changes, so caution is required.