California healthcare advertising rules the checker applies

Rules for California

1. CG-CAL-001 · Blocks approval · Citation checked against stored text

   California says a price ad for health care must be exact and names phrases like "as low as," "and up" and "lowest prices" as not allowed, along with words of similar meaning.

   Source: Cal. Bus. & Prof. Code 651(c) (price advertising must be exact, no as low as, and up or lowest prices wording)

   Safer wording: State the actual price for each service, or a stated standard consultation fee or range for specific services. Say what the price includes.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

2. CG-CAL-002 · Warns · Citation checked against stored text

   California requires price ads that compare costs to rest on verifiable data, and the advertiser must be ready to show it. Open-ended price comparisons with no data behind them are the risk. This applies to licensees and the rule can't tell if data exists, so it is a warning.

   Source: Cal. Bus. & Prof. Code 651(c) (words of comparison in a price ad must be based on verifiable data)

   Safer wording: Drop the comparison or name what you compared, to whom, and when. Keep the backup data on file.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

3. CG-CAL-003 · Warns · Citation checked against stored text

   California treats a health care ad as false or misleading if it is likely to create false or unjustified expectations of favorable results, and false advertising law reaches untrue or misleading claims about services. Guarantees and no-risk claims are the common examples. The text turns on likelihood, so this is a warning.

   Source: Cal. Bus. & Prof. Code 651(b)(3)(A) (false or unjustified expectations of favorable results), and Cal. Bus. & Prof. Code 17500

   Safer wording: Describe what the treatment is and who it is for, cite outcome data you can support, and say results vary by patient.

   Cal. Bus. & Prof. Code 651, Cal. Bus. & Prof. Code 17500 · Needs counsel review

4. CG-CAL-004 · Blocks approval · Citation checked against stored text

   California says before and after views of a patient must be comparable in presentation, must say what procedures were done, and must carry a statement that the same results may not occur for all patients. No such statement appears in this copy.

   Source: Cal. Bus. & Prof. Code 651(b)(3)(C) (before and after views need a statement that results may not occur for all patients)

   Safer wording: Add a prominent line saying the same before and after results may not occur for all patients, and name the procedures shown. Use the same pose and lighting in both images. Counsel should confirm the wording.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

5. CG-CAL-005 · Warns · Citation checked against stored text

   California treats a claim of professional superiority, or of doing a service in a superior way, as misleading unless the claim is relevant to the service and can be backed with objective scientific evidence. This applies to licensees and the evidence can't be checked here, so it is a warning.

   Source: Cal. Bus. & Prof. Code 651(b)(6) (superiority claims need relevance and objective scientific evidence)

   Safer wording: Replace rankings with facts you can document, such as training, years in practice, or procedure volume. If you keep a superiority claim, keep the scientific evidence on file.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

6. CG-CAL-006 · Warns · Citation checked against stored text

   California treats a scientific claim as misleading if reliable, peer reviewed, published studies cannot back it. Proven and studies show wording invites that test. This applies to licensees and the rule can't see the studies, so it is a warning.

   Source: Cal. Bus. & Prof. Code 651(b)(7) (scientific claims must be substantiated by reliable, peer reviewed, published studies)

   Safer wording: Cite the specific peer reviewed study and say what it measured. Remove proven wording if the evidence is thin.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

7. CG-CAL-007 · Warns · Citation checked against stored text

   California limits when a physician may say board certified. The certifying board must meet set criteria, and the full name of the board must appear with comparable prominence. No board name appears in this copy. The rule applies to Medical Board licensees and can't tell who is advertising, so it is a warning.

   Source: Cal. Bus. & Prof. Code 651(h)(5)(C) (physicians may not say board certified unless the full name of the certifying board is also given)

   Safer wording: Name the full certifying board next to the words board certified, for example the American Board of Dermatology. If the board does not qualify, say the physician limits practice to a field instead.

   Cal. Bus. & Prof. Code 651 · Needs counsel review

8. CG-CAL-008 · Warns · Citation checked against stored text

   California makes it unlawful for a licensee to offer or accept a rebate, commission, discount or other consideration as payment or inducement for referring patients. Rewards for patient referrals in an ad point to that. The law has exceptions and applies to licensees, so this is a warning.

   Source: Cal. Bus. & Prof. Code 650(a) (offering consideration as inducement for referring patients is unlawful)

   Safer wording: Remove cash, credit, discount or gift rewards tied to referring patients. A plain tell-a-friend line with no benefit is lower risk. Counsel should review any referral program.

   Cal. Bus. & Prof. Code 650 · Needs counsel review

9. CG-CAL-009 · Warns · Citation checked against stored text

   California treats the employment of runners, cappers, steerers or other persons to procure patients as unprofessional conduct, except as allowed by law. Copy that advertises paid patient recruiters points to that. It applies to licensees, so this is a warning.

   Source: Cal. Bus. & Prof. Code 2273(a) (employing runners, cappers, steerers or others to procure patients is unprofessional conduct)

   Safer wording: Remove references to paid patient recruiters or runners. Advertise the practice directly and have counsel review any third-party marketing arrangement.

   Cal. Bus. & Prof. Code 2273 · Needs counsel review

10. CG-CAL-010 · Warns · Citation checked against stored text

    California lets a licensee pay a third-party advertiser to sell services only if certain terms are met. The ad must say a consultation is required and that the buyer gets a refund if ineligible. No refund notice appears in this copy. The rule applies to licensees and some basic services are excluded, so this is a warning.

    Source: Cal. Bus. & Prof. Code 650(g) (ads sold through a third-party advertiser must disclose a required consultation and a refund if ineligible)

    Safer wording: If a licensee sells services through a deal site, state in the ad that a consultation is required and that the buyer gets a refund if ineligible. Counsel should confirm the agreement terms.

    Cal. Bus. & Prof. Code 650 · Needs counsel review

11. CG-CAL-011 · Warns · Citation checked against stored text

    California bars a provider of health care from disclosing medical information about a patient without authorization. A public reply to an online review that confirms the reviewer was a patient and names their care can disclose it. The statute has exceptions, so this is a warning.

    Source: Cal. Civ. Code 56.10(a) (a provider may not disclose patient medical information without authorization)

    Safer wording: Reply without confirming the person is a patient or naming any treatment. Invite them to call the office, and keep details out of public replies unless you hold a signed authorization.

    Cal. Civ. Code 56.10 · Needs counsel review

12. CG-CAL-012 · Warns · Citation checked against stored text

    California bars a provider of health care from selling, sharing or using medical information for marketing without the patient's express authorization, unless the use is needed to provide care. Businesses running health apps can be treated as providers too. Copy that says patient records drive offers, or are sold to marketers, points to that. This is a warning because exceptions exist.

    Source: Cal. Civ. Code 56.10(d) (no use of medical information for marketing without express authorization), and Cal. Civ. Code 56.06 (health app and digital service businesses are treated as providers)

    Safer wording: Do not tell patients their records or health data are used to target offers, and do not describe selling or sharing patient data with marketers. Use medical information for marketing only with a signed authorization that meets the statute.

    Cal. Civ. Code 56.10, Cal. Civ. Code 56.06 · Needs counsel review