FTC Cracks Down on Addiction Treatment Marketing

Performance marketers, take note: the FTC just made it clear that deceptive advertising in high-risk industries can come with multi-million dollar consequences. In a proposed $1.9 million settlement, the Commission alleges that Evoke Wellness, a Florida-based addiction treatment provider, engaged in a deliberate campaign of misleading Google Ads designed to impersonate competitors and steer vulnerable individuals toward its own call center.

This case isn’t just about one company’s misstep—it’s a warning shot to all marketers operating in healthcare, finance, and other regulated industries.

The Scheme: 68,000 Ads, Countless Misled Patients

Between 2021 and 2023, Evoke Wellness ran over 68,000 Google search ads targeting individuals searching for substance use disorder treatment. But the ads weren’t branded as Evoke. Instead, they were disguised—using the names of rival clinics as headlines and keywords to lure users in.

Once users clicked, the deception deepened:

• Callers were connected to Evoke’s call center, not the clinic they searched for
  
  
  

• Agents answered as a “central admissions office” with no clear branding
  
  
  

• Even when questioned, reps falsely claimed affiliation with other clinics
  
  

These weren’t accidental miscommunications—they were scripted, deliberate misrepresentations targeting vulnerable individuals in crisis.

The FTC’s Message: This Crossed the Line

The Federal Trade Commission didn’t mince words. This wasn’t just aggressive digital strategy—it was fraudulent impersonation. In addition to violating the FTC Act, the scheme also ran afoul of the Opioid Addiction Recovery Fraud Prevention Act of 2018, which explicitly prohibits deceptive practices in addiction treatment advertising.

As part of the proposed settlement, Evoke Wellness will face:

• A $7 million civil penalty, with $1.9 million payable
  
  
  

• A permanent ban on impersonating competitors or misrepresenting affiliations
  
  
  

• Mandatory call center monitoring and a formal compliance program
  
  
  

• A trigger clause that makes the full $7 million due if the company violates the order
  
  

The enforcement makes clear that intent matters. Misleading vulnerable users—even without a false product claim—can still lead to regulatory action.

Paid Search Is Now a Compliance Minefield

This case adds weight to a growing trend: regulators are paying closer attention to how companies acquire customers online, particularly in high-stakes sectors like addiction recovery, mental health, healthcare, and financial services.

Search ad strategies that once skirted the edge of compliance—like competitor keyword bidding or unclear redirect funnels—are now under scrutiny.

Here’s what marketing and legal teams need to take seriously:

• Ad copy must reflect reality – Omission, ambiguity, or misleading headlines are now enforcement triggers
  
  
  

• Impersonation ≠ innovation – Pretending to be another brand, even indirectly, crosses legal lines
  
  
  

• High performance doesn’t justify legal risk – Strong conversion rates won’t shield your business from penalties
  
  

If your ad misleads someone in crisis, regulators may interpret it not as a clever tactic—but as a federal offense.

When Trust Is the Product, Deception Backfires

The Evoke case isn’t just about compliance—it’s about ethics. In high-risk industries, trust isn’t a nice-to-have. It’s the foundation of the service. When someone searching for help with addiction is redirected by a misleading ad, the consequences are more than financial—they're deeply personal.

That’s why enforcement is shifting:

• It’s no longer just about false claims
  
  
  

• It’s also about intent, targeting, and user experience
  
  
  

• Regulators are examining the entire customer journey, from keyword to call center
  
  

Marketing can no longer operate separately from legal and compliance. Especially in sectors dealing with vulnerable populations, every ad click is a moment of truth—and increasingly, a moment of legal exposure.

Regulated Marketers Must Rethink Their Playbook

The FTC’s action against Evoke Wellness is a high-profile reminder that performance marketing doesn’t exist in a vacuum. If your company touches healthcare, addiction, finance, or other high-risk sectors, regulatory expectations are shifting—fast.

This means:

• Your ad strategy needs legal oversight, not just growth targets
  
  
  

• Your customer acquisition funnel must be transparent, not clever at the expense of clarity
  
  
  

• Your brand’s reputation and compliance are now deeply intertwined
  
  

As digital advertising matures, the days of “click first, explain later” are over—especially when the stakes include real lives and federal scrutiny.