How to market in a highly regulated industry (without getting into trouble)

So much of the marketing advice out there is stock standard. But what about those highly-regulated industries that are anything but?

Marketing in such an industry is kind of like playing Jenga with legal documents—one wrong move, and everything collapses. Whether you're selling pharmaceuticals, financial services, alcohol, cannabis, funeral plans (yes, that's a thing), the rules are strict. And regulators are watching like hawks.

Even sectors like transport, online dating, charities, healthcare are obligated to follow stricter rules and regulations than Sally who sells seashells by the seashore. But fear not! You can market effectively without a cease-and-desist letter showing up at your door. I promise. So how do you stay ahead of the curve but also within the law?

Most important is that everyone in your team understands just how regulated your industry is.

Education and awareness aren’t just an internal matter. They apply to every external agency, freelancer, intern for crying out loud, that you may be using to help with your marketing. If they don’t have knowledge to the nth degree of the frameworks you need to operate within, there’s a risk of you shelling out for unusable work.

Make friends with legal (yes, really).

Marketers and legal teams usually have the chemistry of oil and water. But in regulated industries, they need to be besties. Have regular check-ins, ask questions before launching campaigns, and treat them like your marketing guardian angels (who also happen to carry red pens and a terrifying amount of compliance knowledge).

Be clear, not cute.

We all love a clever tagline. But regulators don’t have a sense of humour. Overpromising? Misleading claims? Vague language? That’s a one-way ticket to a lawsuit. If you’re marketing skincare, you can’t say it “erases wrinkles instantly”—you can say it “reduces the appearance of fine lines with consistent use.” Stick to the facts.

Know your watchdogs.

Every industry has its own Big Brother keeping tabs on what you say. FDA, SEC, FTC, FINRA, ASA—there's an acronym lurking in the shadows, ready to slap you with fines. Get familiar with the rules that apply to your industry and keep up with regulatory updates. Ignorance isn’t a defence when the regulators come knocking.

User-generated content? Proceed with caution.

You can’t control what people say about your brand, but you can control what you endorse. If a customer claims your weight loss supplement made them drop 50 pounds in a week, you cannot repost that glowing review (unless you enjoy hefty fines). Monitor UGC closely. Add disclaimers when needed. And never amplify false claims.

Master the art of disclaimers.

Disclaimers are your secret weapon. If you’re in finance, you need a “past performance is not indicative of future results” disclaimer. If you’re in wellness, “results may vary.” Think of them as the asterisks that save your brand from regulatory doom.

Brief influencers like they’re new employees.

Influencer marketing is a minefield in regulated industries. You can’t just hand them a brief and hope for the best. Provide clear guidelines, insist on proper disclosures, and make sure they don’t make outlandish claims on your behalf.

Go heavy on education.

Regulated industries thrive on trust. Instead of flashy promises, focus on education. Webinars, expert interviews, white papers—these build credibility while keeping you out of hot water. The more you empower consumers with accurate information, the less likely you are to step on legal landmines.

Test your ads like a paranoid genius.

Before you go live, put your marketing materials through an internal review process. Get legal sign-off, check for compliance risks, and make sure you’re not accidentally implying something illegal (or unethical). If there’s even a hint of trouble, rework it before the regulators do it for you.

Don’t get creative with the rules.

“But what if we phrase it this way?”—Don’t. If you’re asking that question, you’re probably already toeing the line. Compliance is not the place for loophole-hunting. Play it safe and keep the creativity where it belongs: in the execution, not in the legal interpretation.

Have a crisis plan (because, well… sh*t happens).

Even with the best intentions, mistakes happen. Have a plan for handling regulatory hiccups—whether it’s an ad that gets flagged, an influencer who goes rogue, or a social post that gets misinterpreted. Respond quickly, take responsibility, and fix the issue before it spirals.

Marketing in regulated industries isn’t about avoiding risk entirely—it’s about managing it wisely. Think of it as playing a game where the rules are annoying but necessary, and the prize is a thriving, legally compliant brand. And no fines wiping out your entire budget. We love that for us. Now go forth and market (responsibly.)

-Sophie, Writer