CLAIMS OF SUPERIORITY
By Robert D. Stevenson, DDS Member, CDA Judicial Council
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Therefore, if a dentist advertises that they were“ voted best dentist”, they must cite the source of the claim in their advertisement. For example, a statement such as“ Voted 2016 Best Dentist by XYZ Newspaper” would be acceptable.
patients in any form of communication in a manner that is false or misleading in any material respect.”
This emphasizes the importance of veracity, the ethical principle of being honest. It may also be unwise to create unrealistic expectations through advertising.
Advisory Opinion 6. A. 1. c clarifies that“ A statement or claim is false or misleading when it … is intended or is likely to create false or unjustified expectations of favorable results.”
The public has never been better informed about health care options; however, they lack the specialized knowledge and experience that dentists possess. This can sometimes lead to confusion over a dentist’ s qualifications and expertise.
Advertising is a common point of confusion. Marketing is vital to the continued growth of a practice, but many promotional statements may be misunderstood by the potential patient.
It is not uncommon to see statements in advertising such as“ Voted Best Dentist in Alpine County.” In this instance, the advertisement may be in violation of Section 651( b)( 8) of the California Business & Professions Code, which stipulates that a statement, endorsement or testimonial is likely to mislead if it fails to disclose materials facts.
Another common issue in advertising is claims of superiority. Statements such as“ Most state-of-the-art dental office” or“ Superior training and expertise” may be in violation of the California Business and Professions Code Section 1680i, which prohibits the advertising of either professional superiority or the advertising of performance of professional services in a superior manner.
It is helpful to turn to the CDA Code of Ethics( the code) for direction. Section 6A of the code gives the following guidelines for advertising:“ It is unethical for a dentist to mislead a patient or misrepresent in any material respect either directly or indirectly the dentist’ s identity, training, competence, services, or fees. Likewise, it is unethical for a dentist to advertise or solicit
Thus, even with the best intentions, advertising may be unethical if it is likely to create unjustified expectations.
The dentist who desires to practice ethically should proceed with caution when marketing himself or herself. Highlighting what makes your practice a great choice among many options is critical in a competitive marketplace, and can be tricky. The ethical principles of veracity( honesty), integrity and nonmaleficence( do no harm) provide excellent guidance in marketing and sustaining a successful practice.
When in doubt, contact your component ethics committee before you sign off on that new ad.
For further guidance, contact Britney Ryan, CDA judicial council manager, at 800.232.7645. �
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