Massachusetts healthcare advertising rules the checker applies

Rules for Massachusetts

1. CG-MAS-003 · Warns · Citation checked against stored text

   The Massachusetts Board of Registration in Medicine rule says advertising that guarantees a cure is not in the public interest, and the Board can discipline a licensee for it.

   Source: 243 CMR 2.07(11)(a)3 ("Advertising that guarantees a cure")

   Safer wording: Say what the treatment is meant to do and what patients have typically experienced, with a source. Do not promise a cure or a recovery.

   243 CMR 2.07 · Needs counsel review

2. CG-MAS-004 · Warns · Citation checked against stored text

   The Massachusetts Board of Registration in Medicine rule lists advertising that makes claims of professional superiority a licensee cannot substantiate as not in the public interest.

   Source: 243 CMR 2.07(11)(a)4 ("Advertising that makes claims of professional superiority which a licensee cannot substantiate")

   Safer wording: Describe credentials, services and location factually. Drop best, leading and better-than wording unless you can substantiate it and keep the proof.

   243 CMR 2.07 · Needs counsel review

3. CG-MAS-005 · Warns · Citation checked against stored text

   The Massachusetts Board of Registration in Medicine rule lists advertising that has the effect of intimidating or exerting undue pressure as not in the public interest. Fear and countdown pitches are the usual forms.

   Source: 243 CMR 2.07(11)(a)2 ("Advertising that has the effect of intimidating or exerting undue pressure")

   Safer wording: Give the reader the facts and a calm next step. Remove fear and deadline pressure.

   243 CMR 2.07 · Needs counsel review

4. CG-MAS-006 · Warns · Citation checked against stored text

   The Massachusetts Attorney General general regulations bar any claim about a product that has the capacity or tendency to deceive buyers in a material respect, directly, by implication or by failing to disclose relevant information. Proven-by-science claims with no source are the common example.

   Source: 940 CMR 3.05(1) ("No claim or representation shall be made by any means concerning a product which directly, or by implication, or by failure to adequately disclose additional relevant information, has the capacity or tendency or effect of deceiving buyers or prospective buyers in any material respect")

   Safer wording: Cite the study (who, how many, what result) next to the claim or take it out.

   940 CMR 3.05 · Needs counsel review

5. CG-MAS-001 · Warns · Citation checked against stored text

   Massachusetts declares unfair or deceptive acts or practices in trade or commerce unlawful and directs courts to follow FTC interpretations. Absolute outcome promises are the classic example.

   Source: M.G.L. c. 93A, s. 2(a) - unfair methods of competition and unfair or deceptive acts or practices in trade or commerce are unlawful

   Safer wording: Describe what the service involves and what patients have typically experienced, with a source. Do not promise a result.

   M.G.L. c. 93A, s. 2, G.L. c. 93A, s. 2 · Needs counsel review

6. CG-MAS-002 · Warns · Citation checked against stored text

   Massachusetts makes it a crime to solicit or receive remuneration in return for recommending or arranging a good, facility, service or item that insurance may pay for, and to offer it.

   Source: M.G.L. c. 175H, s. 3(a) - soliciting or receiving remuneration in return for recommending or arranging goods or services payable by health insurance

   Safer wording: Remove payment for referrals aimed at practitioners or patient brokers. Counsel should review any patient referral reward.

   M.G.L. c. 175H, s. 3 · Needs counsel review