Delaware healthcare advertising rules the checker applies

Rules for Delaware

1. CG-DES-001 · Warns · Citation checked against stored text

   Delaware makes it unprofessional conduct for a physician to solicit or accept a fee by fraudulently representing that a manifestly incurable condition can be permanently cured, and more broadly to engage in conduct likely to deceive the public.

   Source: 24 Del. C. 1731(b)(8) ("by fraudulent representation that a manifestly incurable condition, as determined with reasonable medical certainty, can be permanently cured"); 24 Del. C. 1731(b)(3) ("likely to deceive, defraud, or harm the public")

   Safer wording: Describe the treatment and the results patients have typically seen, with a source, and say results vary. Do not promise a cure.

   24 Del. C. 1731 · Needs counsel review

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

   Delaware makes it unprofessional conduct for a physician to advertise the practice of medicine in an unethical or unprofessional manner, and conduct likely to deceive the public is also unprofessional conduct. Unqualified superiority claims are the usual way a medical ad is found unprofessional.

   Source: 24 Del. C. 1731(b)(7) ("in an unethical or unprofessional manner"); 24 Del. C. 1731(b)(3) ("likely to deceive, defraud, or harm the public")

   Safer wording: State verifiable facts such as training, certifications and years in practice. Do not rank the practice or practitioner against others unless you can substantiate the ranking and name its source.

   24 Del. C. 1731 · Needs counsel review

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

   Delaware's Consumer Fraud Act makes any deception, false promise or misrepresentation in connection with the advertisement of merchandise an unlawful practice, whether or not anyone was actually misled. Absolute outcome and safety promises are the classic false promise.

   Source: 6 Del. C. 2513(a) ("deception, fraud, false pretense, false promise, misrepresentation, unfair practice")

   Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result or a lack of risk or side effects.

   6 Del. C. 2513 · Needs counsel review

4. CG-DES-004 · Warns · Citation checked against stored text

   Delaware's Consumer Fraud Act makes any deception, fraud or misrepresentation in connection with the advertisement of merchandise an unlawful practice. A reference price the practice never charged, or a discount that does not exist, is a deceptive price claim.

   Source: 6 Del. C. 2513(a) ("in connection with the sale, lease, receipt, or advertisement of any merchandise")

   Safer wording: Only advertise a reduction if the earlier price was genuinely charged, state the dates the offer runs, and honor the advertised price.

   6 Del. C. 2513 · Needs counsel review

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

   Delaware's Consumer Fraud Act makes any deception, false pretense or misrepresentation in connection with the advertisement of merchandise unlawful. Claiming an approval or endorsement a government body or professional association has not given is a misrepresentation, and a physician's ad doing so is likely to deceive the public.

   Source: 6 Del. C. 2513(a) ("deception, fraud, false pretense, false promise, misrepresentation, unfair practice"); 24 Del. C. 1731(b)(3) ("likely to deceive, defraud, or harm the public")

   Safer wording: Claim government or professional-body approval or endorsement only if it exists, and say exactly what was approved (for example a specific drug or device) rather than the service or practice.

   24 Del. C. 1731, 6 Del. C. 2513 · Needs counsel review