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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