The board may not include in rules prohibiting false, misleading, or deceptive practices any rule restricting advertising medium, personal appearance or voice, size or duration, or use of a trade name.

The board may not include in rules prohibiting false, misleading, or deceptive practices any rule restricting advertising medium, personal appearance or voice, size or duration, or use of a trade name.

• A. True
• B. False
• C. Not specified
• D. Only for large firms

Answer: (A)

The central idea is that rules against false, misleading, or deceptive advertising focus on what is said and what the message conveys, not on how the message is presented. A board’s task in this area is to prevent statements that could mislead patients, not to micromanage the form of advertising. So a rule that restricts advertising medium, personal appearance or voice, size or duration, or the use of a trade name would go beyond addressing deception and could chill truthful advertising. Therefore, such form-based restrictions are not included as part of the prohibition on deceptive practices.

The central idea is that rules against false, misleading, or deceptive advertising focus on what is said and what the message conveys, not on how the message is presented. A board’s task in this area is to prevent statements that could mislead patients, not to micromanage the form of advertising. So a rule that restricts advertising medium, personal appearance or voice, size or duration, or the use of a trade name would go beyond addressing deception and could chill truthful advertising. Therefore, such form-based restrictions are not included as part of the prohibition on deceptive practices.