New Jersey healthcare advertising rules the checker applies

Rules for New Jersey

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

   New Jersey lets a professional licensing board refuse, suspend or revoke a licence on proof that the holder advertised fraudulently in any manner, or used dishonesty, fraud, deception, misrepresentation, false promise or false pretense. Guaranteed-result and miracle-cure wording is the usual form of a false promise in an ad. It applies to licensees, so this is a warning.

   Source: N.J.S.A. 45:1-21(o) ("Advertised fraudulently in any manner")

   Safer wording: Say what the treatment is and who it is for, give any outcome figure with its source and date, and say results vary by patient.

   N.J.S.A. 45:1-21 · Needs counsel review

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

   The New Jersey Consumer Fraud Act makes unlawful any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation in connection with the sale or advertisement of merchandise, whether or not anyone was actually misled. Merchandise includes services. Guaranteed-outcome and risk-free treatment wording is a false promise if it cannot be kept. The statute does not list claim wording, so this is a warning.

   Source: N.J.S.A. 56:8-2 ("any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation")

   Safer wording: Promise only what you can deliver. Say what is included, what it costs, and that results vary. Keep substantiation for any outcome claim on file.

   N.J.S.A. 56:8-2 · Needs counsel review

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

   The New Jersey Board of Medical Examiners rule treats advertising that guarantees results from any procedure as professional misconduct for a licensee.

   Source: N.J.A.C. 13:35-6.10(c)11 ("Any guarantee of results from any procedure is prohibited")

   Safer wording: Say what the procedure involves and what patients have typically experienced, with a source. Do not guarantee results.

   N.J.A.C. 13:35-6.10 · Needs counsel review

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

   The New Jersey Board of Medical Examiners rule treats advertising that claims the service performed or the materials used are superior to what is ordinarily used in the profession as professional misconduct.

   Source: N.J.A.C. 13:35-6.10(c)4 ("Any claim that the service performed or the materials used are superior to that which is ordinarily performed or used in the profession")

   Safer wording: Describe the service, credentials and equipment factually. Drop best and better-than wording.

   N.J.A.C. 13:35-6.10 · Needs counsel review

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

   The New Jersey Board of Medical Examiners rule treats a personal testimonial about the quality or competence of a licensee's service or treatment, where it involves medical or technical assessments beyond the patient's competence, as professional misconduct.

   Source: N.J.A.C. 13:35-6.10(c)7 ("Any personal testimonial attesting to the quality or competence of a service or treatment by a licensee")

   Safer wording: Drop patient testimonials about medical results from licensee advertising, or have counsel review them against the rule.

   N.J.A.C. 13:35-6.10 · Needs counsel review

6. CG-NJS-006 · Warns · Citation checked against stored text

   The New Jersey Board of Medical Examiners rule treats an offer to pay, give or accept a fee or other consideration to or from a third party for the referral of a patient as professional misconduct, and a separate rule bars kickbacks and fee arrangements tied to referrals.

   Source: N.J.A.C. 13:35-6.10(c)9 ("An offer to pay, give or accept a fee or other consideration to or from a third party for the referral of a patient"); N.J.A.C. 13:35-6.17

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

   N.J.A.C. 13:35-6.10, N.J.A.C. 13:35-6.17 · Needs counsel review

7. CG-NJS-007 · Warns · Citation checked against stored text

   The New Jersey Board of Medical Examiners rule requires an ad for a fee reduction to state the reduced fee and the physician's usual fee for each service, and the usual fee must have been charged for at least 90 days before the reduction.

   Source: N.J.A.C. 13:35-6.10(g)1 ("An advertisement offering a fee reduction shall state the reduced fee or range of fees and the physician's usual fee or range of fees for each service for which a reduction is advertised")

   Safer wording: State the reduced fee and the usual fee side by side, and confirm the usual fee was charged for at least 90 days before the reduction.

   N.J.A.C. 13:35-6.10 · Needs counsel review