Dentists have a right to promote their practices through advertisements. However, there are ethical advertising standards each dentist must follow. The American Dental Association's Code of Professional Conduct sets forth ethical standards in part by stating that no dentist shall advertise or solicit patients in a manner that is false or misleading in any "material" respect. This standard is meant to protect the public from false and misleading advertisements.
For an advertisement to be truthful, there must be evidence to back up each assertion. An advertisement is nondeceptive if it is not likely to mislead a reasonable consumer and does not omit any necessary information for the consumer to make an informed decision. Further, all material information must be disclosed in a manner that a reasonable consumer could understand.
Obviously, truthful advertising is important to both the American Dental Association and to the Federal Trade Commission. All states have laws prohibiting false and deceptive advertising. Although every dentist must comply with the Federal Trade Commission, each dentist should be aware of their state's laws regarding advertising.
Dentists should make a point to understand the law through dental associations and, if necessary, with the help of legal counsel. Advertisements are a great resource for dental practitioners. As long as dentists comply with state and federal law, advertising may go a long way in building mutual trust.
Stuart J. Oberman, Esq handles a wide range of legal issues for the dental profession including cyber security breaches, employment law, practice sales, OSHA, and HIPAA compliance, real estate transactions, lease agreements, noncompete agreements, dental board complaints, and professional corporations.
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