Some background, facts from several websites:
"In 1975, however, the Federal Trade Commission (FTC) accused the profession of “restraint of trade” and legally persuaded doctors to permit advertising amongst their clan."
"Many physicians don't believe it's fair or accurate to make competitive claims about medical services or who has “the best healthcare.” They know every case is different and even the most highly-trained physicians can't guarantee perfect outcomes for every patient."
"By the 1970s, competition for patients among hospitals was heating up. The desire for greater market presence was reinforced by the growing conviction that, in the future, healthcare organizations would need to be able to attract customers. The for-profit hospital sector grew in importance during the 1970s."Some legal aspects, from a website
https://telosdm.com/medical-advertising-guidelines-and-laws-for-your-medical-practice/which says:
"Advertising by physicians and clinics is covered by the Federal Trade Commission Act. This legislation was passed to protect consumers from deceptive practices. It gives the Federal Trade Commission the authority to shut down false advertising ... "
"The FTC uses a three-part standard for identifying deceptive practices. Advertising is found to be deceptive if: (1) the representation misleads or is likely to mislead the consumer (2) the consumer’s (misguided) interpretation is reasonable under the circumstances (3) the misleading misrepresentation, omission, or practice is material."
"It also places strict limits on patient endorsements. Patient endorsements must reflect typical outcomes. It’s not enough to add a disclaimer that “results are not typical” when showcasing extraordinary outcomes. To act within guidelines, you must keep the results advertised in line with what the viewer is likely to experience."
" ... there are additional laws regarding advertising in nearly every state. In some cases, these laws are stricter or more severe than the federal guidelines laid out by the FTC. For example, in the state of New York, advertising may not make use of any kind of patient testimonials."
" ... (the AMA) has released ethical guidance on how physicians should advertise ... (advertising should) be readily comprehensible, avoiding complex medical terms or illustrations; It should not be high-pressure or aggressive; It should not imply a certainty of result ... (and) ... doctors and clinics should be careful about implying that a given treatment is exclusive or unique." Some other guidelines:
"Do not use the identities of real patients in advertising (a violation of the HIPPA privacy rule. It is not enough to simply avoid using the patient’s name. People can be identified in many different ways). Do not advertise that your clinic prescribes drugs for off-label use. Physicians may prescribe drugs for off-label use under some circumstances. However, advertising this as a service is strictly forbidden. Medical practices that promote their willingness to prescribe drugs for off-label use may be charged with pharmaceutical fraud."
"While ... (the AMA) ... doesn’t restrict advertising among its membership, it emphasizes that advertising should be ethical. Practices who violate the law may face additional professional consequences." And there is
"Advertising & Publicity," from the AMA Code of Medical Ethics:
https://code-medical-ethics.ama-assn.org/ethics-opinions/advertising-publicitywhich tells us:
"There are no restrictions on advertising by physicians except those that can be specifically justified to protect the public from deceptive practices."
" ... physicians should design the form of communication to communicate the information contained therein to the public in a readily comprehensible manner."
"Aggressive, high pressure advertising and publicity should be avoided."
"The communication (that is, the ad) may include (1) the educational background of the physician, (2) the basis on which fees are determined (including charges for specific services), (3) available credit or other methods of payment, and (4) any other nondeceptive information."
" ... testimonials of patients as to the physician’s skill or the quality of the physician’s professional services tend to be deceptive when they do not reflect the results that patients with conditions comparable to the testimoniant’s condition generally receive."
"Because physicians have an ethical obligation to share medical advances, it is unlikely that a physician will have a truly exclusive or unique skill or remedy. Claims that imply such a skill or remedy therefore can be deceptive."
"A statement that a physician has cured or successfully treated a large number of cases involving a particular serious ailment is deceptive if it implies a certainty of result and creates unjustified and misleading expectations in prospective patients." Types of ads:
https://runneragency.com/blog/types-of-medical-marketing-videos/Example of doctor self-representing video:
https://www.youtube.com/watch?v=zsxu2zwpi2s&list=plmgieuayyjj_kwzztsmcq3gtsx8_nbyl8&index=2And a group practice doing it:
https://www.youtube.com/watch?v=wvcbjb7fbnaSo, a look at doctor self-advertising, from legal, ethical and practical aspects, and a couple of examples of it in action.
Although I suppose, ultimately, that advertising is advertising, and whether it's Joe's Pizza or Dr. John Smith, Oncologist, the process is the same.
But while Joe can claim his pizza is the best in the world, Dr. Smith needs to be a bit more circumspect in describing his own product.
Probably for the best.
I don't think we need to see a TV commercial such as:
Hi there! I'm Dr. John Smith, quickest scalpel in the West! I've done over a thousand prostatectomies, and if your prostate is bothering you, I can get that walnut out of you quicker than you can say prostatic adenoma! So if you're ready to say goodbye to that ornery, trouble-making prostate, just call 1-800-QUIKBUCK and we'll schedule you for the OR before your next midnight trip to the john! CALL NOW! An unlikely ad to be sure (hopefully!). Although some have indeed seen the humor that's possible here:
https://www.youtube.com/watch?v=0pyoyqcau5kBut maybe some ad guardrails in some professions really are a good thing!