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This is what the American Society of Plastic Surgery has on their website.
--Moravian
In the Search for Ethical Advertising, Let ASPS Be Your Guide
By Michael Reed, JD
ASPS adopted a Code of Ethics in 1980 as a means to foster and promote ethical behavior by its members. The society's Code of Ethics, included in the ASPS/PSEF Roster, does not discourage the use of marketing or advertising to promote a plastic surgeon's practice (see advertising Code excerpt on page 303). Rather, it encourages truthful advertising by prohibiting false, fraudulent, deceptive or misleading statements or claims by its members.
Since the adoption of the code in 1980, the society has made an example of various types of deceptive and misleading advertising practices. ASPS has addressed, with some frequency, brochures in which before and after pictures falsely portray the results and benefits of surgery. The society's code includes in its definition of false, fraudulent, deceptive or misleading claims, those materials which "contain images of persons or facsimiles thereof which falsely or deceptively portray a physical or medical condition, injury, disease -- including obesity, or recovery or relief therefrom." This language does not impose a blanket prohibition on the use of before or after pictures. Rather, the language was designed to address their misuse.
Pictures are often used to communicate the benefits of specific cosmetic procedures. The primary concern raised by ASPS is whether they communicate a degree of relief or recovery that is exceptional or otherwise not representative of a typical patient. If they do, they can mislead patients into having unrealistic medical expectations about the services advertised.
Advertisements using pictures of models who have not received the services advertised are deceptive if used without a disclaimer. Additionally, ads using pictures of models or very attractive individuals which imply that a woman can be surgically enhanced to mirror the image presented in the advertisement can be deceptive. Advertisements using pictures of attractive individuals who have received specific services can also be deceptive if the advertisement falsely implies that the viewer can be as attractive, if the advertised services are obtained. For example, an advertisement in which a model who has received your services is used that states, "Come to surgeon X and you will look like this," would be a violation of the code.
Photographs taken of individuals before and after treatment, using lighting, positioning or photographic techniques that show the individual in a far more favorable manner after treatment, are also considered deceptive and misleading. The society believes "after photographs" should not misrepresent the actual healing time required.
Cases in point
An advertisement which resulted in an ASPS public letter of censure involved a doctor stating he was one of the most eminent physicians in the art of liposuction in the United States. It further noted that he could guarantee his patients would present a new face to the world, through the use of his services. The advertisements in question were found to violate sections of the code prohibiting the dissemination of statements noting a superior quality of professional services which cannot be verified and will likely create false or unjustified patient expectations.
Another scenario involved a hair transplant program with a human hair injection process touted as the "only medically sound hair replacement technique" available. Claims were made as to the minimal level of discomfort, including the ability to return to social and work activities within 24 hours. The society found these to be false and misleading, as well as statements indicating the final result was indistinguishable from natural hair growth. ASPS feels that such statements misrepresent the quality of results and again, create unrealistic expectations in the patient.
Another individual was sanctioned for engaging in false, deceptive and misleading advertising as a result of an advertisement entitled, "The 30-Second Non-Surgical Eye Lift"a process utilizing a medical adhesive on a daily basis to achieve temporary results. The society felt the advertisements inadequately differentiated between a surgical procedure and a commercial product. The ads contained the following representations: "Within 30 seconds, this remarkable eye lift brings about a beautiful transformation of your eyes, duplicating the results of the best, most expensive surgical eye lift. Without discomfort. Without any inconvenience. Without any plastic surgeon's fee. Tested on 900 patients, the 30-second non-surgical eye lift has been successfully found to: (1) beautify your eyes and eyelids; (2) eliminate eye wrinkles; (3) make both eyes even; (4) correct drooping; (5) enlarge your field of vision; and (6) change the appearance of the eyelid for the exact effect you want."
The society's enforcement of its Code of Ethics does not and is not intended to deter members from engaging in truthful advertising practices. Rather, the society's efforts are designed to protect the patients served by its members from false, deceptive and misleading advertising messages. The Federal Trade Commission, although strongly supporting the right of professionals to advertise, also supports the right of professional associations to take steps to ensure the integrity of the advertising developed by their members. This resource guide provides many examples of appropriate techniques and strategies which you, as an ASPS member, can adopt to effectively and truthfully promote your practice and your skills.
Reprinted from the Plastic Surgery News 1997 Practice Resource Guide.
--Moravian
In the Search for Ethical Advertising, Let ASPS Be Your Guide
By Michael Reed, JD
ASPS adopted a Code of Ethics in 1980 as a means to foster and promote ethical behavior by its members. The society's Code of Ethics, included in the ASPS/PSEF Roster, does not discourage the use of marketing or advertising to promote a plastic surgeon's practice (see advertising Code excerpt on page 303). Rather, it encourages truthful advertising by prohibiting false, fraudulent, deceptive or misleading statements or claims by its members.
Since the adoption of the code in 1980, the society has made an example of various types of deceptive and misleading advertising practices. ASPS has addressed, with some frequency, brochures in which before and after pictures falsely portray the results and benefits of surgery. The society's code includes in its definition of false, fraudulent, deceptive or misleading claims, those materials which "contain images of persons or facsimiles thereof which falsely or deceptively portray a physical or medical condition, injury, disease -- including obesity, or recovery or relief therefrom." This language does not impose a blanket prohibition on the use of before or after pictures. Rather, the language was designed to address their misuse.
Pictures are often used to communicate the benefits of specific cosmetic procedures. The primary concern raised by ASPS is whether they communicate a degree of relief or recovery that is exceptional or otherwise not representative of a typical patient. If they do, they can mislead patients into having unrealistic medical expectations about the services advertised.
Advertisements using pictures of models who have not received the services advertised are deceptive if used without a disclaimer. Additionally, ads using pictures of models or very attractive individuals which imply that a woman can be surgically enhanced to mirror the image presented in the advertisement can be deceptive. Advertisements using pictures of attractive individuals who have received specific services can also be deceptive if the advertisement falsely implies that the viewer can be as attractive, if the advertised services are obtained. For example, an advertisement in which a model who has received your services is used that states, "Come to surgeon X and you will look like this," would be a violation of the code.
Photographs taken of individuals before and after treatment, using lighting, positioning or photographic techniques that show the individual in a far more favorable manner after treatment, are also considered deceptive and misleading. The society believes "after photographs" should not misrepresent the actual healing time required.
Cases in point
An advertisement which resulted in an ASPS public letter of censure involved a doctor stating he was one of the most eminent physicians in the art of liposuction in the United States. It further noted that he could guarantee his patients would present a new face to the world, through the use of his services. The advertisements in question were found to violate sections of the code prohibiting the dissemination of statements noting a superior quality of professional services which cannot be verified and will likely create false or unjustified patient expectations.
Another scenario involved a hair transplant program with a human hair injection process touted as the "only medically sound hair replacement technique" available. Claims were made as to the minimal level of discomfort, including the ability to return to social and work activities within 24 hours. The society found these to be false and misleading, as well as statements indicating the final result was indistinguishable from natural hair growth. ASPS feels that such statements misrepresent the quality of results and again, create unrealistic expectations in the patient.
Another individual was sanctioned for engaging in false, deceptive and misleading advertising as a result of an advertisement entitled, "The 30-Second Non-Surgical Eye Lift"a process utilizing a medical adhesive on a daily basis to achieve temporary results. The society felt the advertisements inadequately differentiated between a surgical procedure and a commercial product. The ads contained the following representations: "Within 30 seconds, this remarkable eye lift brings about a beautiful transformation of your eyes, duplicating the results of the best, most expensive surgical eye lift. Without discomfort. Without any inconvenience. Without any plastic surgeon's fee. Tested on 900 patients, the 30-second non-surgical eye lift has been successfully found to: (1) beautify your eyes and eyelids; (2) eliminate eye wrinkles; (3) make both eyes even; (4) correct drooping; (5) enlarge your field of vision; and (6) change the appearance of the eyelid for the exact effect you want."
The society's enforcement of its Code of Ethics does not and is not intended to deter members from engaging in truthful advertising practices. Rather, the society's efforts are designed to protect the patients served by its members from false, deceptive and misleading advertising messages. The Federal Trade Commission, although strongly supporting the right of professionals to advertise, also supports the right of professional associations to take steps to ensure the integrity of the advertising developed by their members. This resource guide provides many examples of appropriate techniques and strategies which you, as an ASPS member, can adopt to effectively and truthfully promote your practice and your skills.
Reprinted from the Plastic Surgery News 1997 Practice Resource Guide.
