What State Boards and the FTC Actually Require for Dental Advertising (And What They Don't)

This is educational content about advertising regulations, not legal advice. Verify all rules with your state dental board and consult an attorney for specific guidance on your marketing materials.

Dental advertising operates under two distinct regulatory layers, and understanding both is essential before publishing any marketing content online.

State Dental Board Authority

Your state dental board has direct authority over how you advertise your practice. These boards can investigate complaints, issue fines, require corrective advertising, and in serious cases, suspend or revoke licenses. State rules typically cover:

• Use of specialty designations and credential claims
• Before/after photo requirements and disclosures
• Patient testimonial restrictions
• Fee advertising and discount claims
• Comparative advertising (claiming superiority over other dentists)

FTC Oversight

The Federal Trade Commission enforces truth-in-advertising laws that apply to all businesses, including dental practices. FTC rules require that:

• All claims must be truthful and not misleading
• Claims must be substantiated before you make them
• Endorsements must reflect honest opinions and disclose material connections

The FTC has taken action against healthcare providers for deceptive advertising, including cases involving fake reviews and unsubstantiated treatment claims. While state boards handle most dental-specific complaints, the FTC can pursue cases involving consumer deception.

Based on publicly available board disciplinary actions, specialty and credential misrepresentation is among the most common advertising violations. The rules here are more complex than many dentists realize.

ADA-Recognized Specialties

The American Dental Association recognizes specific specialties (as of 2024): dental public health, endodontics, oral and maxillofacial pathology, oral and maxillofacial radiology, oral and maxillofacial surgery, orthodontics and dentofacial orthopedics, pediatric dentistry, periodontics, and prosthodontics. Dental anesthesiology was added more recently.

Many states restrict use of 'specialist' to dentists who have completed accredited residency programs in these recognized specialties. However, state rules vary significantly:

• Some states allow general dentists to advertise 'practice limited to' certain procedures
• Some permit listing non-ADA credentials with specific disclaimers
• Others have strict prohibitions on any specialty-adjacent language

Common Problem Areas

Implant dentistry: Not an ADA-recognized specialty. Claiming to be an 'implant specialist' violates rules in many states, even with extensive implant training.

Cosmetic dentistry: Also not a recognized specialty. Using 'cosmetic dentist' as a title rather than a service description can trigger complaints in some jurisdictions.

Board certifications: Claiming 'board certified' when your certification isn't from an ADA-recognized specialty board may violate state rules.

Always verify your specific state's rules on credential advertising before updating your website or Google Business Profile.

Patient reviews are central to dental SEO, but they're also a regulated form of advertising. Rules vary dramatically by state, making this area particularly complex for multi-location practices.

State Board Positions

State approaches to testimonials generally fall into three categories:

• Restrictive states: May prohibit testimonials that imply specific treatment outcomes or that could create unjustified expectations
• Disclosure states: Allow testimonials with required disclaimers about individual results varying
• Permissive states: Treat testimonials similarly to other advertising, subject to truth requirements

Some state boards have taken the position that soliciting reviews for specific treatments could constitute improper testimonial advertising. Others have no specific restrictions beyond general truth requirements.

FTC Endorsement Guidelines

The FTC requires that testimonials and endorsements:

• Reflect the honest opinions of the endorser
• Not make claims the advertiser couldn't make directly
• Disclose any material connections (free services, payment for reviews)
• Not misrepresent typical results if results vary

Fake reviews are clearly prohibited under FTC rules. This includes writing your own reviews, paying for reviews without disclosure, or having staff post reviews without identifying their connection to the practice.

The FTC has pursued enforcement actions against businesses for fake reviews, and state boards may also treat fake reviews as deceptive advertising violations.

Before/after photos are powerful marketing tools for cosmetic and restorative dentistry, but they come with specific regulatory requirements that vary by state.

Common State Requirements

Many state boards require some or all of the following for before/after photos:

• Photos must be of actual patients you treated (not stock images or cases from other providers)
• Photos must accurately represent the treatment performed without digital manipulation
• Written patient consent specifically authorizing use in advertising
• Disclosures that results vary and photos show individual cases
• Some states require that the treating dentist be identified

Problem Areas to Avoid

Photo manipulation: Adjusting lighting, color balance, or digitally enhancing results beyond what was actually achieved can constitute deceptive advertising.

Stock photos: Using stock images to represent your work is misleading. Even using photos from continuing education courses where you observed (but didn't perform) treatment is problematic.

Implied guarantees: Presenting before/after photos in ways that suggest designed to outcomes may violate both state rules and FTC truth-in-advertising standards.

HIPAA Considerations

Beyond advertising regulations, HIPAA requires patient authorization before using photos in marketing. This is separate from any state advertising law requirements and applies even to photos that don't show identifiable features. Maintain documentation of patient consent for all photos used in marketing.

Advertising fees, discounts, and free services is permitted in most jurisdictions, but specific rules govern how these offers must be presented.

General Truth Requirements

All fee advertising must be truthful and not misleading:

• Stated fees must be actually charged—bait-and-switch pricing is prohibited
• Discount claims must reference a genuine regular price that patients actually pay
• 'Free' services must be genuinely free, not contingent on purchasing other services at inflated prices
• Fine print cannot contradict the main advertising message

Common State-Specific Rules

Some states have additional requirements:

• Disclosure of what services are included in advertised fees
• Time limits on special offers must be honored
• Specific disclaimer language for discount dental plans vs. insurance
• Restrictions on advertising fees for services the dentist rarely performs at that price

Insurance and Financing Claims

Advertising that involves insurance or financing requires additional care:

• Claims about insurance acceptance must be accurate for specific plans, not just general statements
• Financing offers must comply with consumer lending disclosure requirements
• Statements about coverage levels should clarify they depend on individual plans

When advertising any fee-related offer, ensure your practice is prepared to honor the offer as advertised for any patient who qualifies under the stated terms.

Use this framework as a starting point for evaluating your advertising content. Always verify specific rules with your state dental board.

Generally Permitted (With Proper Execution)

• Accurate descriptions of services you provide
• Educational content about dental procedures and conditions
• Legitimate credentials and training you've completed (with accurate titles)
• Patient reviews on third-party platforms (with appropriate response practices)
• Before/after photos with proper consent and disclosures
• Fee advertising that accurately reflects your actual charges

Generally Restricted or Prohibited

• Specialty claims without recognized specialty credentials (varies by state)
• designed to outcomes or success rate claims without substantiation
• Fake reviews or undisclosed paid endorsements
• Misleading before/after comparisons or digitally enhanced photos
• Comparative advertising claiming superiority without substantiation
• Bait-and-switch pricing or misleading discount claims

Questions to Ask Before Publishing

• Can I substantiate every factual claim in this content?
• Would a reasonable patient interpret this accurately?
• Are my credentials represented exactly as officially designated?
• Does this comply with my specific state's advertising rules?
• Have I documented consent for any patient photos or testimonials?

When evaluating SEO or marketing services: Ask how the agency handles compliance review. Agencies unfamiliar with dental advertising regulations may create content that puts your license at risk. Our SEO for dentists approach includes compliance awareness as a foundational element of content strategy.