JMIR Publications

ABSTRACT

Background:

Companies use brand websites as a promotional tool to engage consumers online, which can increase product use. Given that some products are harmful for consumers’ health, it is important for marketing associated with these products to be subject to public health surveillance. However, terms of service (TOS) governing use of brand website content may impede such important research.

Objective:

To explore the TOS for brand websites with public health significance to assess possible legal and ethical challenges for the conduct of research on consumer product websites.

Methods:

Using Statista, we purposefully constructed a sample of 15 leading American tobacco, alcohol, psychiatric pharmaceutical, fast food, and gun brands that have associated websites. We developed and implemented a structured coding system for the TOS on these websites and coded for presence versus absence of different types of restrictions and constraints that might impact the ability to conduct research.

Results:

All TOS stated that by accessing the website, users were agreeing to abide by the TOS (n=15/15, 100%). Eleven websites (73%) had age restrictions in their TOS. Alcohol websites (5/15, 33%) all required users to enter their age or date of birth before viewing website content. Both tobacco websites (2/15, 13%) further required that users register and verify their age and identity in order to access any website content and agree that they use tobacco products. Only one website (7%) allowed users to display, download, copy, distribute, and translate website content, as long as it was for personal and not commercial use. Five TOS (33%) unconditionally prohibited or put substantial restrictions on all of these activities and/or failed to specify if they were allowed or prohibited. Thirteen TOS (87%) indicated that website access could be restricted at any time. Eleven websites (73%) specified that violating TOS could result in: deleting user’s content from the website, revoking access by having the user’s IP address blocked, terminating login credential, or legal action resulting in civil or criminal penalties.

Conclusions:

TOS create complications for public health surveillance related to e-marketing on brand websites. Recent court opinions have reduced the risk of federal criminal charges for violating TOS on public websites, but this risk remains unclear for private websites. The public health community needs to establish standards to guide such efforts and protect researchers from the possibility of legal repercussions related to such efforts.