How to use this tracker: check it before you publish or refresh telehealth content, and whenever you see telehealth regulation in the news. Each item links to its primary source. Where an advertiser's Publisher Marketing Brief is stricter, the brief applies. For the full rules, see the telehealth compliance guide.
Open items
These can still change. Anything you publish about them should carry a date and a source.
Ends Dec 31, 2026Expire December 31, 2026, unless extended or replaced
DEA telemedicine prescribing flexibilities
Temporary rules let clinicians prescribe controlled substances, including testosterone (Schedule III), by telemedicine without an in-person visit. They've been extended four times; the current extension runs through December 31, 2026.
What publishers should do: Review TRT content that says or implies "no in-person visit." Ask each TRT advertiser, in writing, how its intake will work on January 1, 2027.
PendingFinal rule sent to the White House Office of Management and Budget on August 25, 2026
DEA telemedicine special registration
The permanent framework meant to replace the flexibilities. It would let registered practitioners prescribe certain controlled substances by telemedicine without a prior in-person exam. Review can take up to about 90 days, so publication before year-end is possible but not certain.
What publishers should do: Don't describe the rule's requirements until it's published. We'll update this tracker the day it appears in the Federal Register.
PendingProposed April 30, 2026; comments closed June 29, 2026
FDA proposal to exclude GLP-1s from the 503B bulks list
FDA proposed that outsourcing facilities (503B) may not compound semaglutide, tirzepatide or liraglutide from bulk ingredients, finding no clinical need. If finalized, 503B compounding of these drugs from bulk would stop unless a drug returns to shortage. A final decision hasn't been announced.
What publishers should do: Ask GLP-1 advertisers how their supply and pricing would change if the proposal is finalized. Avoid evergreen content that depends on compounded GLP-1 prices or availability.
PendingPanel votes July 23–24, 2026; FDA rulemaking still required
Peptides and the 503A bulks list
FDA removed 12 peptides from its Category 2 safety-risk list in April 2026. In July, an FDA advisory committee recommended six peptides, including BPC-157, for the 503A bulks list. The votes are nonbinding. None of these peptides is legally compoundable until FDA completes rulemaking.
What publishers should do: Never describe the votes or the Category 2 removal as approval. See the peptide category page for what we accept.
ExpectedProposed rule listed on the federal regulatory agenda for December 2026
FDA "adequate provision" rule for drug ads
FDA plans to propose ending the option that lets TV and radio drug ads point viewers elsewhere for full risk information. The agenda entry names broadcast ads; whether digital, streaming or social ads would be covered is unclear.
What publishers should do: Relevant mainly to advertisers running branded drug ads. Video and podcast publishers should watch for whether digital formats are included.
In courtComplaint filed July 29, 2026, in federal court in Northern California
FTC and states v. Hims & Hers
The FTC, Utah and Los Angeles County allege the company shared sensitive health data with ad platforms through tracking and customer lists, charged customers before a provider consultation and made cancellation difficult. The company denies the claims, and nothing has been decided.
What publishers should do: Keep health data out of all tracking. Don't repeat pricing, "pay after your visit" or cancellation claims unless the advertiser confirms them in writing.
Dates to watch
Any day now: DEA special registration final ruleUnder White House review since August 25, 2026.
December 2026: FDA "adequate provision" proposed ruleTarget date on the federal regulatory agenda; agencies often miss these.
December 31, 2026: DEA telemedicine flexibilities endUnless extended again or replaced by the special registration rule.
By the end of February 2027: second FDA peptide advisory meetingFurther peptides are expected to be reviewed for the 503A bulks list.
Undated: FDA's final decision on GLP-1s and the 503B bulks listThe comment period closed June 29, 2026.
December 31, 2027: Medicare telehealth flexibilities endExtended by the Consolidated Appropriations Act, 2026. This mostly affects Medicare patients, not cash-pay telehealth programs.
Rules already in force
These are settled. They don't need watching, but they shape every telehealth placement.
| Rule or action |
What it covers |
The publisher rule |
| FDA warning letters to 30 telehealth companies (March 3, 2026) |
Marketing implied compounded GLP-1s were the same as FDA-approved drugs. |
Never say or imply a compounded drug is the same as, or a generic of, a brand-name drug. Details
|
| FTC rule banning fake reviews and testimonials (announced August 14, 2024) |
Bans fake, purchased and AI-generated reviews and testimonials. |
Use only real, consented reviews. Don't present a site you control as independent. Details
|
| FTC Endorsement Guides (revised 2023) |
A commission is a material connection that must be disclosed clearly. |
Disclose near the first recommendation, in every placement and format. Details
|
| FDA boxed-warning changes for six menopausal hormone therapies (February 12, 2026) |
Applies to specific FDA-approved products. |
Don't extend it to all HRT or to compounded hormones, and never call HRT "safe." Details
|
| FDA action on "research use only" peptides |
Warning letters reject "research use only" labels on products sold for human use. |
Never link to, mention or compare with research-use sellers. Details
|
| Platform certification for telehealth ads |
Google, Meta and others require telehealth advertisers to hold LegitScript or equivalent certification. |
Run paid ads only where the advertiser's certification and written approval cover you. Details
|
Update log
Every change to this tracker is dated here.
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October 5, 2026: Tracker launched. All items checked against their sources.
Sources
