Comments on: FTC testimonial information.

By: amworks

amworks — Mon, 14 Jun 2010 14:58:58 +0000

Hello Dr. Soszka, I agree, if patients publish their own testimonial it should be alright. We have patients sign a release form giving us permission to use their words in both the clinic and on the internet, and we ask them to be “broad” in what their experience was/is rather than super specific.

I agree that it is most likely related to the over-bloated diet claims, but I wouldn’t want to give the FTC reason to track me down. It has to do with saying that “everyone who tries acupuncture for asthma related problems will get off their inhaler”, or something to that affect. Results have to be typical, meaning that most people, if not all, would need to experience the same results. I wouldn’t worry too much, most practitioners are “off the radar” so to speak, but in any case, I am not a lawyer, so if you have true concerns, you should consult with your lawyer. I hope this helps.

By: Dr. Shawn Soszka

Dr. Shawn Soszka — Fri, 11 Jun 2010 20:29:01 +0000

I assume this applies to testimonials published on our sites? Does the same apply to video testimonials? If we are recording our patients explaining their experiences how can there be deception?

I’m sure this FTC ruling was developed to weed out those late night infomercial get-rich-quick-internet schemes, but come on…

By: Eileen Dube

Eileen Dube — Sun, 31 Jan 2010 03:06:00 +0000

It seems that the best we can do is prominently display ““These testimonials are based on the experiences of a few people and you are not likely to have similar results.” – or something similar. But they sure did leave it vague… in the end, they would have to prove that we were trying to be deceptive. While we aren’t likely (at all!) to conduct “reliable empirical testing demonstrating that the net impression of its advertisement”, if we are providing reasonable efforts to tell consumers that they are not likely to have similar results – seems like we have met the intent of the legislation. But having said that, I eagerly await hearing what your lawyer has to say as I am not a lawyer… and
DISCLAIMER: I don’t deliver the typical results that you would obtain with a lawyer!

Thanks for keeping us informed!