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Online health startups Hims and Kick are “wading into a legal gray area by marketing prescription drugs such as Zoloft and beta-blockers for unapproved uses to college students with stage fright and men seeking to improve their sexual performance,” according to an article at Bloomberg.com.

Nicolas Terry, Hall Render Professor of Law and executive director at the William S. and Christine S. Hall Center for Law and Health at the IU McKinney School of Law, commented on the tactics for the April 2 article.

With some of their ads, marketing copy and social media posts, the startups are pushing the boundaries of how prescription drugs can be marketed, according to Professor Terry. Brands like Kick, with their sleek approach to selling medication, run the risk of “disease mongering,” especially for conditions as common as being nervous about a date or giving a presentation in college, he said.

“There is cause for concern here,” he said. “What they do is suggest a normal pathology is a sickness.” Professor Terry said he is worried such an approach doesn’t make customers aware of all the risks associated with a prescription.

Professor Terry’s research interests lie primarily at the intersection of medicine, law, and information technology. He is a permanent blogger at Harvard Law School's Bill of Health.  Professor Terry is also is the co-presenter of the “The Week in Health Law” podcast.