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This is the source of truth for how to talk about Flex and HSA/FSA across your marketing. Every other channel page (email, social, paid media) links here for compliance language and approved copy. Start here, then apply it to your channels.

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What Flex is

Use this as the foundation for any marketing copy that explains the partnership.
Why “qualifying customers”? This framing attaches qualification to the customer rather than the product. It stays accurate whether your catalog is always eligible, dual-purpose, or a mix of both, so you can use the same partnership copy everywhere.

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How to position HSA/FSA

HSA/FSA is a payment method, not a discount or promotion. Position Flex as a payment method your store accepts, not as eligibility granted by Flex. The framing that performs best positions it as a smart financial decision, using money customers have already set aside for health spending.

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Core value props

  • Customers can save an average of 30%* by using pre-tax dollars
  • No additional paperwork for always-eligible products
  • Simple checkout: select Flex, enter HSA/FSA card, done
*Savings are based on the tax bracket of the individual. Examples are illustrative only; consult a professional advisor or visit fsafeds.gov/support/savingscalculators.

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Two product types, two sets of rules

Every Flex-enabled product falls into one of two types. Confirm each SKU’s eligibility classification in the Flex Dashboard before publishing, and match your messaging to it.

Always Eligible

No qualification needed. These products qualify under IRS Sec. 213(d) with no medical review because they have a primary medical purpose. Every customer can pay with HSA/FSA.Examples: first aid kits, broad-spectrum sunscreen, blood pressure monitors, thermometers, breast pumps, contact lens solution, CPAP supplies.

Dual-Purpose

Eligibility is confirmed, not assumed. These products have both medical and non-medical uses. Each customer qualifies individually by completing a telehealth consultation through Flex, which results in a Letter of Medical Necessity (LMN) when they qualify.Examples: orthopedic footwear, fitness equipment, red light therapy, mattresses, air purifiers, automated litter boxes.
Three principles apply to every asset:
  1. Eligibility for dual-purpose products is customer-level. It’s determined per person, never per product. Creative must never imply that buying the product makes a customer eligible.
  2. Lead with the medical benefit. Name the feature that qualifies, e.g. arch support and pain relief for orthopedic shoes. Never comfort, luxury, or lifestyle.
  3. Disclaim, visibly. “For qualifying customers.” “FSA eligibility may vary by employer plan.” Place it proximate and readable, not buried.

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Approved messaging

The IRS has flagged misleading HSA/FSA marketing, particularly for dual-purpose products. Use only the approved copy below, and match the version to your product type.
For products that are directly HSA/FSA eligible with no consultation required (e.g., OTC medications, sunscreen, medical devices, feminine hygiene products).

Approved ✅

  • “HSA/FSA eligible”
  • “Pay with your HSA or FSA”
  • “Use pre-tax dollars at checkout”
  • “Now accepting HSA/FSA payments”
  • “HSA/FSA accepted”

Avoid ❌

  • “100% covered by HSA/FSA”
  • “Guaranteed HSA/FSA eligible”
  • “HSA/FSA approved”
Disclaimer: Always-eligible products need only a light note, such as “Eligibility may vary by provider.”

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Make eligibility credible without claiming it

Let the customer talk

Reviews and comments can surface what a product does without the brand making the claim itself. Quote verbatim and attribute. Never edit a review into a claim the customer did not make.

Speak in the first person

A customer describing their own condition and result is acceptable: “I’m an adult with acne. I love this moisturizer. My skin feels hydrated and I break out far less.” The brand never generalizes it to everyone.

Describe, don't diagnose

Name design features that are medical in nature without promising a clinical result. Say “Anatomical arch support engineered with pain relief in mind.” Not “These shoes will treat your flat foot pain.”
For dual-purpose products, the qualifying disclaimer still belongs on the asset. First-person voice changes who makes the claim, not whether customers need to qualify.
The two-question gut check. Run every asset through these before it ships:
  1. Would this ad or copy mislead a customer about the product’s eligibility status?
  2. Would this ad or copy mislead a customer about their need to qualify to use their HSA/FSA?
If either answer is “maybe,” rewrite it before it ships.

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Examples by category

Lead with: anatomical arch support, structured heel counter, motion control for overpronation, relief for plantar fasciitis, flat feet, and heel pain.
  • ✅ “Your HSA/FSA plan may cover select footwear”
  • ✅ “Engineered with anatomical arch support and a structured heel to help relieve foot and heel pain. Qualifying customers may use their HSA/FSA.”
  • ❌ “Use your FSA/HSA funds on any pair” (“any” implies everyone qualifies)
  • ❌ “The most comfortable shoes are now FSA eligible” (comfort framing undercuts medical purpose)
Lead with: cardiovascular conditioning, low-impact joint-safe movement, strength and mobility work in physical-therapy protocols, structured rehab.
  • ✅ “Prescribed exercise is a recognized part of treatment for many conditions. Qualifying customers may use HSA/FSA funds.”
  • ✅ “Check your eligibility”
  • ❌ “HSA/FSA eligible home gym”
  • ❌ Aesthetic framing (“tone up,” “get shredded”) in HSA/FSA copy
Sort the catalog first. Percussive massage, compression, and hot/cold therapy devices are often always eligible; red light therapy, saunas, and cold plunges are dual-purpose.
  • ✅ Always-eligible SKU: “HSA/FSA eligible. Select Flex to pay using HSA/FSA at checkout.”
  • ✅ Red light therapy: “May be HSA/FSA eligible for qualifying customers”
  • ❌ “HSA/FSA eligible recovery” applied across the whole catalog
  • ❌ “Recover like a pro, pay with your FSA”
Tie eligibility to specific SKUs, never the whole catalog. Broad-spectrum SPF 15+ and acne, eczema, and cold sore treatments are typically always eligible; LED and light-therapy devices are dual-purpose; cosmetic serums, makeup, and fragrance are not eligible.
  • ✅ “SPF 30 broad spectrum is HSA/FSA eligible”
  • ✅ Dual-purpose device: “May be HSA/FSA eligible for qualifying customers”
  • ❌ “Our skincare line is HSA/FSA eligible”
  • ❌ Any HSA/FSA claim on a cosmetic or anti-aging SKU with no medical benefit
Sort the catalog first. CPAP machines and supplies are always eligible; mattresses, adjustable bases, weighted blankets, and sleep trackers are dual-purpose.
  • ✅ “Zoned support engineered to relieve back pain and improve spinal alignment. Qualifying customers can use their HSA/FSA.”
  • ✅ CPAP supplies: “HSA/FSA eligible” (no qualifier needed)
  • ❌ “HSA/FSA eligible mattress”
  • ❌ “Luxury comfort, now payable with FSA”
Automated vacuums, air purifiers, and automated litter boxes are positioned around the customer’s health (allergen control, respiratory and musculoskeletal support), never convenience or the pet’s wellbeing.
  • ✅ “HEPA filtration and sealed disposal reduce allergen exposure for customers managing asthma and allergies. See if you qualify.”
  • ✅ Category framing: “Respiratory, immune or musculoskeletal support”
  • ❌ “A cleaner home, covered by your FSA”
  • ❌ “Your FSA covers pet care”

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The savings claim

This is one of the most effective lines in HSA/FSA marketing, but it needs to be used correctly. The approved claim: customers can save an average of 30%*, with the asterisk pointing to this disclaimer:
Where space is tight (SMS, X, ad descriptions), use the short version:
Why an average? Pre-tax savings depend on each customer’s marginal tax rate, so actual savings vary from person to person. 30% is an average, not a ceiling, which is why “up to” isn’t accurate: some customers save more. How to use it:
Always pair the claim with the asterisk and the savings disclaimer above. Never use “up to” as a qualifier.

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Brand assets

Flex Logo

Light and dark versions, horizontal and stacked. Download logos

HSA/FSA Badge

“Pay with HSA/FSA” badge for use on PDPs, emails, and ads. Download badges

Brand Guidelines

Colors, typography, logo clearspace, and co-branding rules. View guidelines

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Templates

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Compliance quick reference

Before you publish, confirm all of the following:
  1. Eligibility is tied to the right thing
    • Always eligible: eligibility is tied to the specific product, because it has a primary medical purpose and is positioned as such. Only make the claim next to qualifying SKUs, and don’t claim your entire catalog is HSA/FSA eligible unless nearly all products qualify.
    • Dual-purpose: eligibility depends on the customer having a qualifying condition and demonstrating primary medical purpose purchase intent by completing the telehealth consultation. Never imply that buying the product makes someone eligible.
  2. The savings claim uses the approved format “Customers can save an average of 30%*” with the savings disclaimer. Never “up to,” never a range, never stated as guaranteed
  3. Dual-purpose products use conditional language “qualifying customers,” “may be eligible,” “see if you qualify,” never “guaranteed” or “approved”
  4. Multiple dual-purpose products use “select products” language
    • When describing more than one dual-purpose product, say “Qualifying customers may be able to use their HSA/FSA on select products.”
    • When talking about coverage, attach it to the customer’s plan, since plan policy is what determines coverage: “Your HSA/FSA plan may cover select [PRODUCT CATEGORY].”
    • For dual-purpose products, keep the focus on the customer qualifying rather than the product, because the product itself isn’t eligible unless the customer qualifies. Never state that a product is “covered by HSA/FSA”
  5. Disclaimers are visible and proximate On the same screen as the claim, readable size, and on-screen long enough to be read in video. See Flex’s disclosures for the full consumer disclosures.
Questions about a specific claim or placement? Reach out to your Flex merchant success contact or email marketing@withflex.com before publishing.