Clinics and medical practices / New Jersey
New Jersey adds 5 state rules for clinics and medical practices
New Jersey adds 5 rules to the 109 federal ones the checker already matches to clinics and medical practices. None of them block approval; all 5 warn. The rules cite N.J.A.C. 13:35-6.10, N.J.A.C. 13:35-6.17 and N.J.S.A. 45:1-21. Of the 44 states with a page for this industry, it has the 13th most rules.
What New Jersey adds
These are the New Jersey rules whose wording is about licensed practitioners, boards and clinics. They run when New Jersey is selected in the checker.
CG-NJS-001 · Warns · Citation checked against stored text
New Jersey lets a professional licensing board refuse, suspend or revoke a licence on proof that the holder advertised fraudulently in any manner, or used dishonesty, fraud, deception, misrepresentation, false promise or false pretense. Guaranteed-result and miracle-cure wording is the usual form of a false promise in an ad. It applies to licensees, so this is a warning.
Source: N.J.S.A. 45:1-21(o) ("Advertised fraudulently in any manner")
Safer wording: Say what the treatment is and who it is for, give any outcome figure with its source and date, and say results vary by patient.
N.J.S.A. 45:1-21 · Needs counsel review
CG-NJS-003 · Warns · Citation checked against stored text
The New Jersey Board of Medical Examiners rule treats advertising that guarantees results from any procedure as professional misconduct for a licensee.
Source: N.J.A.C. 13:35-6.10(c)11 ("Any guarantee of results from any procedure is prohibited")
Safer wording: Say what the procedure involves and what patients have typically experienced, with a source. Do not guarantee results.
N.J.A.C. 13:35-6.10 · Needs counsel review
CG-NJS-005 · Warns · Citation checked against stored text
The New Jersey Board of Medical Examiners rule treats a personal testimonial about the quality or competence of a licensee's service or treatment, where it involves medical or technical assessments beyond the patient's competence, as professional misconduct.
Source: N.J.A.C. 13:35-6.10(c)7 ("Any personal testimonial attesting to the quality or competence of a service or treatment by a licensee")
Safer wording: Drop patient testimonials about medical results from licensee advertising, or have counsel review them against the rule.
N.J.A.C. 13:35-6.10 · Needs counsel review
CG-NJS-006 · Warns · Citation checked against stored text
The New Jersey Board of Medical Examiners rule treats an offer to pay, give or accept a fee or other consideration to or from a third party for the referral of a patient as professional misconduct, and a separate rule bars kickbacks and fee arrangements tied to referrals.
Source: N.J.A.C. 13:35-6.10(c)9 ("An offer to pay, give or accept a fee or other consideration to or from a third party for the referral of a patient"); N.J.A.C. 13:35-6.17
Safer wording: Remove payment for referrals aimed at practitioners or patient brokers. Counsel should review any patient referral reward.
N.J.A.C. 13:35-6.10, N.J.A.C. 13:35-6.17 · Needs counsel review
CG-NJS-007 · Warns · Citation checked against stored text
The New Jersey Board of Medical Examiners rule requires an ad for a fee reduction to state the reduced fee and the physician's usual fee for each service, and the usual fee must have been charged for at least 90 days before the reduction.
Source: N.J.A.C. 13:35-6.10(g)1 ("An advertisement offering a fee reduction shall state the reduced fee or range of fees and the physician's usual fee or range of fees for each service for which a reduction is advertised")
Safer wording: State the reduced fee and the usual fee side by side, and confirm the usual fee was charged for at least 90 days before the reduction.
N.J.A.C. 13:35-6.10 · Needs counsel review
What the checker flags with New Jersey selected
Sample wording we wrote, run through the engine with New Jersey selected. Only samples where a New Jersey rule fires are shown.
Our clinic cures back pain. 100% guaranteed results. Book this week.
- Blocks approval
CG-DIS-001Also matches CG-DIS-016Saying a product or service cures a condition makes it an unapproved drug claim.
Source. FDCA 201(g)(1), 21 U.S.C. 321(g)(1) (drug definition); 21 CFR 101.93(g) (disease claims); FTC Health Products Compliance Guidance
Safer wording. Describe what the service does (for example "supports", "helps manage") and name only outcomes you can substantiate.
- Blocks approval
CG-ABS-002A 100 percent claim is an absolute claim that almost never has support.
Source. FTC Act section 5; FTC Health Products Compliance Guidance
Safer wording. Replace with the measured figure and its source, or remove the number.
- Warning
CG-ABS-015Also matches CG-NJS-001, CG-NJS-002, CG-NJS-003, CG-ABS-001A guarantee of results, including a money-back guarantee tied to results, promises an outcome nobody can promise for health products and services.
Source. FTC Act section 5; FTC Health Products Compliance Guidance
Safer wording. Describe what the service involves and say results vary. A refund policy may be stated without guaranteeing the result.
Dr. Park is the best doctor in town. Our patients always get results.
- Warning
CG-TRH-001Also matches CG-SUP-004, CG-NJS-004Unsubstantiated best, only, lowest-rate or better-than-named-competitor claims about medical providers are superiority claims that need competent evidence and head-to-head substantiation.
Source. FTC Act section 5 and FTC Policy Statement on Substantiation (1984); FTC Health Products Compliance Guidance (2022); state medical advertising rules
Safer wording. Drop ranking and comparison claims unless you hold head-to-head evidence and can disclose the basis. Describe what you offer without comparing yourself to named competitors.
The federal rules that still apply
109 federal and general rules matched to clinics and medical practices run next to the New Jersey ones. The ones that weigh most:
CG-ABS-003 · Blocks approval · Citation checked against stored text
Claims of no risk or no side effects are unsubstantiated safety claims.
Source: FTC Act section 5; FTC Health Products Compliance Guidance; 21 CFR 202.1 (prescription drug advertising, fair balance)
Safer wording: State known risks and side effects fairly, or say who should talk to a clinician first.
21 CFR 202.1 · Needs counsel review
CG-CSR-001 · Blocks approval · Citation checked against stored text
Prescribing a controlled substance without a real evaluation, records or follow-up violates the Controlled Substances Act and DEA telemedicine rules.
Source: 21 U.S.C. 829 and 841(h); 21 CFR 1306.04 (prescription issued for a legitimate medical purpose); 21 CFR 1306.05 (manner of issuance, so a prescription must carry the patient and practitioner details); FTC Act section 5
Safer wording: Do not advertise controlled substances. A licensed clinician must decide whether to prescribe after a real evaluation.
21 CFR 1306.04, 21 U.S.C. 829, 21 CFR 1306.05 · Needs counsel review
CG-DEA-003 · Blocks approval · Citation checked against stored text
Offering to fill a prescription for a controlled substance based only on an online questionnaire is a listed example of an internet distribution violation.
Source: 21 U.S.C. 841 subsection (h) lists offering to fill a controlled substance prescription based solely on a consumer's online medical questionnaire as an example of a violation
Safer wording: Do not tie a controlled substance prescription to a questionnaire alone. Describe a live evaluation by a licensed practitioner who decides if a prescription is appropriate.
21 U.S.C. 841 · Needs counsel review
CG-EFF-014 · Blocks approval · Citation checked against stored text
Claims of instant, one-visit or universal results, or of working where all else fails, promise outcomes no clinic can substantiate.
Source: FTC Act section 5; FTC Health Products Compliance Guidance; FTC Endorsement Guides, 16 CFR Part 255
Safer wording: Remove the promise of speed or certainty. Say what the service is and that results vary.
16 CFR Part 255 · Needs counsel review
Everything for the industry is on the clinics and medical practices page, and all New Jersey rules for any industry are on the New Jersey page.
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Check your New Jersey clinic copy
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