Iowa healthcare advertising rules the checker applies

Rules for Iowa

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

   Iowa makes it a ground for discipline of any licensed health professional to use untruthful or improbable statements in advertisements, and to knowingly make misleading, deceptive, untrue or fraudulent representations in practice. A promised result or a claim of no risk is the standard improbable statement. Iowa's consumer fraud statute also makes any false promise or misrepresentation in connection with the advertisement of services an unlawful practice.

   Source: Iowa Code 147.55(6) ("Use of untruthful or improbable statements in advertisements"); Iowa Code 147.55(3) ("Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of a profession"); Iowa Code 714.16(2)(a) ("false promise, or misrepresentation")

   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.

   Iowa Code 147.55, Iowa Code 714.16 · Needs counsel review

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

   Iowa makes it a ground for discipline of any licensed health professional to use untruthful or improbable statements in advertisements, and to commit fraud in representations as to skill or ability. Cure and miracle claims are improbable on their face.

   Source: Iowa Code 147.55(6) ("Use of untruthful or improbable statements in advertisements"); Iowa Code 147.55(5) ("Fraud in representations as to skill or ability")

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

   Iowa Code 147.55 · Needs counsel review

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

   Iowa makes it a ground for discipline of licensed health professionals, including dentists, to commit fraud in representations as to skill or ability, and to use untruthful or improbable statements in advertisements. Unqualified claims to be the best or most experienced cannot be verified.

   Source: Iowa Code 153.34(3) ("fraud in representation as to skill or ability"); Iowa Code 147.55(6) ("Use of untruthful or improbable statements in advertisements")

   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.

   Iowa Code 147.55, Iowa Code 153.34 · Needs counsel review

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

   Iowa's consumer fraud statute makes any unfair practice, deception or misrepresentation in connection with the advertisement of merchandise, which includes services, an unlawful practice. A reference price never charged, or a discount that does not exist, is a deceptive price claim.

   Source: Iowa Code 714.16(2)(a) ("in connection with the lease, sale, 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.

   Iowa Code 714.16 · Needs counsel review

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

   Iowa's consumer fraud statute makes any deception, false pretense or misrepresentation in connection with the advertisement of services an unlawful practice, and a health professional may not knowingly make misleading or deceptive representations. Claiming an approval or endorsement a government body or professional association has not given is such a misrepresentation.

   Source: Iowa Code 714.16(2)(a) ("deception, fraud, false pretense, false promise, or misrepresentation"); Iowa Code 147.55(3) ("misleading, deceptive, untrue, or fraudulent representations")

   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.

   Iowa Code 147.55, Iowa Code 714.16 · Needs counsel review