Maine healthcare advertising rules the checker applies

Rules for Maine

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

   Maine makes false, misleading or deceptive advertising a ground for discipline of physicians, osteopathic physicians and dentists, and declares unfair or deceptive acts in trade or commerce unlawful. An absolute promise of results or safety is the clearest way an ad becomes misleading.

   Source: 32 M.R.S. 3282-A ("Engaging in false, misleading or deceptive advertising"); 32 M.R.S. 2591-A ("Engaging in false, misleading or deceptive advertising"); 32 M.R.S. 18325 ("Engaging in false, misleading or deceptive advertising"); 5 M.R.S. 207 ("unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful")

   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.

   32 M.R.S. 3282-A, 32 M.R.S. 2591-A, 32 M.R.S. 18325, 5 M.R.S. 207 · Needs counsel review

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

   Maine makes false, misleading or deceptive advertising a ground for discipline of licensed physicians, osteopathic physicians and dentists. Cure and miracle claims are the standard example of an unsupportable health claim.

   Source: 32 M.R.S. 3282-A ("Engaging in false, misleading or deceptive advertising"); 32 M.R.S. 2591-A ("Engaging in false, misleading or deceptive advertising")

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

   32 M.R.S. 3282-A, 32 M.R.S. 2591-A · Needs counsel review

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

   Maine makes false, misleading or deceptive advertising a ground for discipline of licensed physicians, osteopathic physicians and dentists. Unqualified claims that a practitioner is the best or most experienced cannot be verified and can mislead.

   Source: 32 M.R.S. 18325 ("Engaging in false, misleading or deceptive advertising"); 32 M.R.S. 3282-A ("Engaging in false, misleading or deceptive advertising")

   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.

   32 M.R.S. 3282-A, 32 M.R.S. 18325 · Needs counsel review

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

   Maine''s Unfair Trade Practices Act is read in line with Section 5 of the Federal Trade Commission Act, under which an advertised price reduction must be genuine. A reference price the practice never charged is a deceptive price claim.

   Source: 5 M.R.S. 207 ("unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful")

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

   5 M.R.S. 207 · Needs counsel review