What You Can Send
What an Online Pharmacy Can Send Ad Platforms
An online pharmacy's pages name drugs, doses and conditions, so a standard ad pixel can carry them in a page URL, a product ID or an event name. The HHS bulletin on online tracking says that when a tracking vendor receives protected health information for a covered function, regulated entities must “enter into a business associate agreement (BAA) with these tracking technology vendors to ensure that PHI is protected in accordance with the HIPAA Rules.” Its own example is a booking, where the website “might automatically transmit information regarding the appointment and the individual's IP address to a tracking technology vendor.” HHS adds that “it is insufficient for a tracking technology vendor to agree to remove PHI from the information it receives or de-identify the PHI before the vendor saves the information.”
Is a pharmacy covered? Under 45 CFR 160.103, health care includes “Sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription.” A covered entity includes “A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter,” and those transactions include “Health care claims or equivalent encounter information.” On June 20, 2024, in American Hospital Association v. Becerra, a federal court in Texas vacated the part of the HHS bulletin that treated an IP address plus a visit to a public page about a health condition or provider as enough to trigger HIPAA. The HHS page says “HHS is evaluating its next steps in light of that order.” How these rules apply to your pharmacy is a legal question, so talk to your counsel. For cash-pay models, see does HIPAA apply to cash-pay telehealth.
Meta draws its own line. Its page About prohibited information lists health information it does not want sent through Meta Business Tools, including “Diseases, medical conditions and injuries” and “Prescription medications, and over-the-counter (OTC) and supplements for specific medical conditions.” The names you choose for events, conversions and Custom Audiences “must not reflect, imply, or be based on any prohibited information.” Meta asks advertisers to check “the data you send with events, such as product IDs, content names, custom properties and URL parameters,” and says “You shouldn't send information about people from web pages where visitors may log in and provide potentially sensitive information, such as patient portals.” Meta can also place a pixel into a core setup, which “restricts the transmission of certain data, such as custom parameters and anything in a URL following the domain”.
What to keep out of ad platform data
- Drug, dose and condition words in page URLs and UTM parameters, such as a tirzepatide checkout path sent with a purchase.
- Product IDs and content names that name a drug or a dose. Meta lists both among the event data to check.
- Event names that describe care, such as semaglutide_order or ed_consult_booked. Use a neutral name instead.
- Quiz and intake answers: weight and BMI, conditions, current medications and allergies.
- Refill, order status and patient portal pages, and custom audiences built from buyers of a given drug.
Curve Compliance handles the data side. The free website scan lists the pixels and trackers on your public quiz, intake, checkout and refill pages. Curve then replaces browser ad pixels with one script, sends each platform a fixed list of fields under neutral event names, keeps contact identifiers off by default on Meta, Google Ads and TikTok, and checks every event for PHI-like patterns, stripping PHI before data reaches an ad platform. Curve signs a BAA with your pharmacy on every plan.