Avoiding Liability Bulletin – August 2011
… It must always be remembered that advertising must be truthful and not false, misleading, or deceptive. This of course applies to licensees and to persons who are not yet licensed – such as interns, trainees, or similarly titled pre-licensed persons. While state law or regulation may limit or place certain conditions upon advertising, the general rule is that any person may advertise his or her services unless such action is prohibited. Usually, the owner of a business will have ultimate authority over advertising that involves his or her business. In the case of a nonprofit corporation, the person in charge will usually control the advertising that takes place. In those jurisdictions where pre-licensed persons are not prohibited from advertising, care must be taken to avoid using misleading or deceptive information, sometimes accomplished by the failure to make certain disclosures.