- Does the advertisement contain material false claims or misrepresentations of material fact?
- Does the advertisement contain material implied false claims or implied misrepresentations of material fact?
- Are there any omissions of material fact from the advertisement?
- Are you able to substantiate material objective claims and personal representations made in the advertisement?
In the event that your advertisement is found to be false, deceptive or misleading, you may be sued by the Federal Trade Commission (FTC) for disseminating such an advertisement to the public. Further, the FTC may fine you and enjoin you from disseminating the advertisement in the future. Perhaps most detrimental in this situation are the enforcement powers of the applicable state medical board, which could sanction you for inappropriate advertising as promulgated by the relevant medical practice act. Such sanctions could include fines, probation and, in egregious cases, suspension of your license.
Generally, state laws also prohibit physician advertisements that are false, misleading or deceptive. In Illinois, for example, advertisements by physicians cannot contain “false, fraudulent, deceptive or misleading material or guarantees of success, statements which play upon the vanity or fears of the public, or statements which promote or produce unfair competition.” | ← Previous | | | Next → | Single Page