Montana healthcare advertising rules the checker applies

Rules for Montana

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

   Montana makes a misleading, deceptive, false or fraudulent advertisement or other representation in the conduct of a licensed profession unprofessional conduct, and declares unfair or deceptive acts or practices in trade or commerce unlawful. A promised result or a claim of no risk is the standard example.

   Source: MCA 37-1-316(1)(g) ("a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation"); MCA 30-14-103 ("unfair or deceptive acts or practices in the conduct of any 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 or a lack of risk or side effects.

   MCA 37-1-316, MCA 30-14-103 · Needs counsel review

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

   Montana makes a misleading, deceptive, false or fraudulent advertisement or other representation in the conduct of a licensed profession unprofessional conduct. Cure and miracle claims are the standard example of a false health advertisement.

   Source: MCA 37-1-316(1)(g) ("a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation")

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

   MCA 37-1-316 · Needs counsel review

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

   Montana makes a misleading, deceptive, false or fraudulent advertisement in the conduct of a licensed profession unprofessional conduct. Unqualified claims to be the best or most experienced cannot be verified.

   Source: MCA 37-1-316(1)(g) ("a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation")

   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.

   MCA 37-1-316 · Needs counsel review

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

   Montana's Consumer Protection Act declares unfair or deceptive acts or practices in trade or commerce unlawful, and a licensee's false or misleading advertisement is unprofessional conduct. A reference price never charged, or a discount that does not exist, is a deceptive price claim.

   Source: MCA 30-14-103 ("unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful"); MCA 37-1-316(1)(g) ("a misleading, deceptive, false, or fraudulent advertisement")

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

   MCA 37-1-316, MCA 30-14-103 · Needs counsel review

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

   Montana's Consumer Protection Act declares unfair or deceptive acts or practices in trade or commerce unlawful, and a licensee's false or fraudulent representation is unprofessional conduct. Claiming an approval or endorsement a government body or professional association has not given is deceptive.

   Source: MCA 30-14-103 ("unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful")

   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.

   MCA 30-14-103 · Needs counsel review