> ## Documentation Index
> Fetch the complete documentation index at: https://docs.withflex.com/llms.txt
> Use this file to discover all available pages before exploring further.
# Compliant Marketing
> Approved copy, compliance guidance, and brand assets, all in one place. Reference this page before publishing any HSA/FSA messaging across any channel.
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.
***
## What Flex is
Use this as the foundation for any marketing copy that explains the partnership.
```
Short version (1 sentence):
[BRAND NAME] has partnered with Flex so qualifying customers can use their
HSA or FSA to pay for products at checkout.
Long version (2–3 sentences):
[BRAND NAME] has partnered with Flex to make it easier to invest in your health.
Qualifying customers can use their HSA or FSA to pay for products at checkout
with pre-tax dollars. Just select Flex at checkout.
```
**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.
### 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.
### 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](https://www.fsafeds.gov/support/savingscalculators).
***
## 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](https://dashboard.withflex.com/products) before publishing, and match your messaging to it.
**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.
**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.
***
## 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).
* "HSA/FSA eligible"
* "Pay with your HSA or FSA"
* "Use pre-tax dollars at checkout"
* "Now accepting HSA/FSA payments"
* "HSA/FSA accepted"
* "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."
For products with both medical and non-medical uses: exercise equipment, orthopedic footwear, certain wellness, recovery, and sleep products. Eligibility depends on the customer having a qualifying condition and completing a telehealth consultation through Flex.
* "May be HSA/FSA eligible for qualifying customers"
* "Qualifying customers may use their HSA/FSA"
* "Qualifying customers may be able to use their HSA/FSA on select products"
* "Your HSA/FSA plan may cover select \[PRODUCT CATEGORY]"
* "See if you qualify"
* "HSA/FSA Eligible\*" *(with footnote, see below)*
* "HSA/FSA eligible" with no qualifier
* "Use your FSA on any pair"
* "Covered by HSA/FSA"
* "HSA/FSA approved"
* "Instant eligibility verification"
* "Automatic Letter of Medical Necessity"
**Required footnote when using asterisk:**
```
* HSA/FSA eligibility requires a brief telehealth consultation through Flex.
Eligibility is determined per customer; not all customers qualify, and FSA
eligibility may vary by employer plan.
```
### Make eligibility credible without claiming it
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.
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.
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.
### 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"
***
## 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:
```
*Savings are based on the tax bracket of the individual. Examples are illustrative
only; consult a professional advisor or visit fsafeds.gov/support/savingscalculators.
```
Where space is tight (SMS, X, ad descriptions), use the short version:
```
*Based on tax bracket; illustrative only. fsafeds.gov/support/savingscalculators
```
**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:**
```
Correct:
"Customers can save an average of 30%* by paying with their HSA or FSA"
"Save an average of 30%* with pre-tax dollars"
"Qualifying customers can save an average of 30%* using their HSA/FSA"
Incorrect:
"Save up to 30–40%" ("up to" and ranges are not accurate)
"Save an average of 30%" (no asterisk or disclaimer)
"You will save 30%" (definitive claim)
```
Always pair the claim with the asterisk and the savings disclaimer above. Never use "up to" as a qualifier.
***
## Brand assets
Light and dark versions, horizontal and stacked.
[Download logos](https://drive.google.com/uc?export=download\&id=1tXCuwePJPtQDciiFyws2rvw27J-5qLhS)
"Pay with HSA/FSA" badge for use on PDPs, emails, and ads.
[Download badges](https://drive.google.com/uc?export=download\&id=1ZbF4aO3g7EnjqQMlTW6NNiWTXAoiY8IX)
Colors, typography, logo clearspace, and co-branding rules.
[View guidelines](/merchant-success/marketing/brand-guidelines)
### Templates
| Template | Format | Link |
| - | - | - |
| Email templates | Figma | [Open in Figma](https://www.figma.com/design/Rmd3ww8aRI0e5yPoncp7XE/Flex-Email-Templates?node-id=0-1\&t=5H7GruEzEsJwf3NM-1) |
| Social media templates | Figma | [Open in Figma](https://www.figma.com/design/w0auoEp8gixz919ehodjk4/Flex-Social-Media-Templates?node-id=0-1\&t=F8SOnm9xHaRsmUE5-1) |
| Landing page templates | Figma | [Open in Figma](https://www.figma.com/design/2pJPseQKr1CSg5AO8SSuB4/Flex-Landing-Page-Template?node-id=0-1\&t=euhHlQF3X4KMYUW1-1) |
| All marketing assets | Google Drive | [Open folder](https://drive.google.com/uc?export=download\&id=1Y55WnNAzhCaio73tRMFIeICfDEW1nCLz) |
***
## 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](#the-savings-claim). 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](https://www.withflex.com/legal/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](mailto:marketing@withflex.com) before publishing.