Vindication in court: a review of the 9th Circuit's ruling in California Dental Association vs. FTC

Article Abstract:

The 9th Circuit Court of Appeals in 2000 ruled that the advertising restrictions placed by California Dental Association on its members were not anti-competitive. The US Federal Trade Commission began investigating the association's advertising policies in 1983.

California Dental Association

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Louisiana dental advertising regulations upheld

Article Abstract:

The US Court of Appeals for the 5th Circuit has upheld Louisiana laws regulating business advertising that a dentist claimed violated his right to free speech. The purpose of these laws is to prevent consumers from being mislead by advertisements. One of the laws is similar to a statement in the American Dental Association's Principles of Ethics and Code of Professional Conduct.

Legal issues & crime, Government regulation (cont), Government regulation, Advertising, Advertising and Related Services, Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Advertising Activity, Legal/Government Regulation, Offices and clinics of dentists, Offices of Dentists, Louisiana, Dentists, Advertising Regulation, Consumer Advertising, Company legal issue, Commercial speech doctrine, Advertising law

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Update: credentials and Advisory Opinion 5.I.1

Article Abstract:

The American Dental Association's Advisory Opinion 5.I.1 appears to fulfill several Supreme Court rulings on advertising by dentists. The court ruled that all professional advertising is protected by the First Amendment to the US Constitution. However, such advertising should be truthful and if not, it can be banned by state legislation. The court also encouraged professional organizations to require all members to follow ethical standards when advertising their services. One problem is that patients have no way of knowing what training a dentist had to earn a specific credential.

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