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Media & Press
Advertising Guidelines
Academy
of Laser Dentistry - Advertising Standards and Guidelines Policy
In keeping with our mission dedicated to improving
the health and well-being of patients through the proper use of
laser technology, and our desire to serve as the foremost resource
for the use of laser technology in oral healthcare, the Academy
of Laser Dentistry (ALD) has adopted a set of Advertising Standards
and Guidelines. They are modeled after those of the American Dental
Association but modified to incorporate provisions deemed appropriate
for the laser dentistry field.
The ALD is acutely aware that we live and
practice in an age of proliferating technological developments,
each of them aiming to raise our standard of living and well-being.
We are also aware that today's competitive and increasingly sophisticated
marketplace generates immense pressures on companies and clinicians
to succeed and excel by appealing to the desire to offer patients
the highest levels of care through adoption of specific technologies
and services.
In light of this, the Academy recognizes and
embraces its obligation to help assure the dental profession as
well as the public that advertisements of technologies and services
under our purview not only meet the highest standards of truthfulness
and accuracy, of fairness and propriety, but also fulfill the
overall mission and current goals of the Academy. The profession
and the public have a right to expect no less from us.
These standards and guidelines are intended
to give assurance that the commercial information furnished in
conjunction with ALD activities (publications, conferences, exhibits,
workshops, Web site) is valid, accurate, timely, beyond reproach,
and verifiable by a solid consensus of scientific and clinical
evidence. For example, it is not good enough for a company merely
to make a claim - the firm must substantiate its statements by
providing sufficient evidence in support of that claim to the
satisfaction of Academy's Advertising Policy and Review Committee
before the advertisement is accepted for publication. For our
part, we will make a concerted effort to be fair in encouraging
collaborative participation in the continuing formation of these
standards.
We also believe that it is quite possible
to succeed and excel without resorting to exaggeration or unfair
comparisons to specific products and techniques. In time, of course,
the intense scrutiny of the dental marketplace itself decides
which technologies and services are viable and worthy of adoption.
We hope that our standards and guidelines will facilitate and
accelerate that process.
It is further hoped that these same principles
will carry over into the information produced by commercial enterprises
not only in their ALD-related activities, but in all that they
do - in brochures, newsletters, Web sites, spokesperson statements,
training classes and materials, advertisements in other publications,
exhibits in other dental conferences, and the like.
While endorsement of and adherence to ALD's
Advertising Standards and Guidelines on the part of our corporate
members, advertisers, and exhibitors are voluntary, the Academy
of Laser Dentistry believes that it is incumbent upon all of laser
dentistry's constituencies to strive to uphold the integrity of
the laser dentistry field, to continue to raise the stature of
our collective efforts in delivering the highest levels of patient
care. We believe it is the only sure way to grow and prosper.
The Academy of Laser Dentistry has gained
great respect over the years for its long-established policies
related to Conflict of Interest and Full Disclosure. Similarly,
our early adoption of the Curriculum Guidelines and Standards
for Dental Laser Education has done much to encourage a high level
of quality in training and education programs. ALD's certification
program for practitioners, laser safety officers, and industry
representatives is a prime example.
Individuals look for such leadership from
the Academy, and we pledge our ongoing vigilance in providing
it and in seeking additional ways to embellish it. It is in this
spirit that the ALD Advertising Standards and Guidelines were
formulated and adopted as Policy.
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Advertising Standards
and Guidelines
The Academy of Laser Dentistry, or ALD, seeks
to promote the safe and effective use of lasers in dentistry for
patient care. In serving these objectives, the ALD communicates
regularly with the dental profession, with allied health professions
and the public. The ALD welcomes advertising in its publications
as an important means of keeping the dentist informed of new and
better products and services for the practice of dentistry. Such
advertising must be factual, dignified, tasteful and intended
to provide useful product and service information.
These standards apply to all publications
of the ALD in which advertising space is sold. The publication
of an advertisement is not to be construed as an endorsement or
approval by the ALD unless the advertisement specifically includes
an authorized statement that such approval or endorsement has
been granted. The fact that an advertisement for a product, service
or company has appeared in an ALD publication shall not be referred
to in collateral advertising.
As a matter of policy, the ALD will sell advertising
space in its publications when the inclusion of advertising material
does not interfere with the purpose of the publication. The ALD
reserves the right to accept or reject advertising at its sole
discretion for any product or service submitted for publication.
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General Requirements
- All advertisements submitted for display in an ALD publication
are subject to review.
- Advertisements must not be deceptive or misleading.
- Products or services eligible for advertising in ALD publications
must be germane to and effective and useful in the practice
of dentistry. Products and services offered by responsible advertisers
that are not related to dentistry but are of interest to dentists
are eligible for advertising in ALD publications.
- Advertisements will not be accepted if they conflict with
or appear to violate ALD policy or its Constitution and Bylaws,
the American Dental Association (ADA) Principles of Ethics or
if the advertisements are deemed offensive in either text or
artwork, or contain attacks of a personal, racial, or religious
nature.
- By submitting advertising copy, advertisers certify that such
copy and the advertised product(s) are in accord with applicable
government laws and regulations (for example, regulations covering
U.S. FDA clearances). Acceptance of advertising in ALD publications
is not to be construed as a guarantee that the manufacturer
has complied with such laws and regulations.
- Complete scientific and technical data, whether published
or unpublished, concerning product safety, operation, and usefulness
will be required. The ALD reserves the right to decline advertising
for any product involved with a government agency challenge
or denial of product marketing, and for any technique or product
that is the subject of an unfavorable or cautionary report by
any agency.
- All claims of fact must be fully supported and meaningful
in terms of performance or any other benefit. The ALD may require
a minimum of one study for certain types of ads.
- The advertisement may cite, in footnotes, references from
dental and other scientific literature provided the reference
is truthful and is a fair and accurate representation of the
body of literature supporting the claim made. Unwarranted disparagements
or unfair comparisons of a competitor's products or services
will not be allowed.
- Comparative advertising must be fair and, unless it is "puffery,"
must be substantiated adequately.* Comparative advertising which
is not puffery is strictly reviewed because of the potential
that it may unfairly attack a competitor or mislead the profession
or public. A minimum of one controlled study will be required
for comparative advertisements. Additional studies may be required
depending on the nature of the advertiser's claim. Studies must
be among subjects representative of the population for whom
the product is intended. All citable comparative studies related
to an advertising claim should be taken into consideration.
If other comparative studies give conflicting results, advertising
claims not reflecting this are unacceptable. Comparative advertisements
may include the use of a competitor's name and description of
a comparable product or service, including price, if the comparison
is made in a manner that is not false or misleading.
- Display advertising with respect to employment, purchase of
practice, participation or any other contractual relationship
with any dental care delivery mode or system shall not be accepted
for publication. Such opportunities may be advertised in the
classified sections of ALD publications without any illustrations
or graphics.
- Alcoholic beverages and tobacco products are not eligible
for advertising.
- Special-purpose foods and nutritional supplements (e.g., low-sugar
foods, postoperative and other therapeutic diets) are eligible
when their uses are supported by acceptable data.
- Books related to the practice of dentistry are eligible for
advertising. Appropriate books of interest to dentist and their
families as consumers are eligible for advertising in ALD publications.
- An advertisement for an educational course is eligible if
the course is conducted under the auspices of the ALD, the provider
is recognized by the Education & Research or an accredited
dental or medical school. The ALD reserves the right to decline
advertising for any course that involves the teaching or use
of a product or technique that conflicts with Academy policy,
or is the subject of an unfavorable or cautionary report by
any agency.
- Miscellaneous products and services not specified in these
standards may be eligible to advertise on case-by-case basis.
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Guidelines for Advertising
Copy
- The advertiser and the product or service being offered should
be clearly identified in the advertisement.
- Advertising that simulates editorial content must be clearly
identified as advertising. The word "advertisement"
must be displayed prominently for all advertorials.
- Guarantees may be used in advertisements provided that statements
that are "guaranteed" are truthful and can be substantiated.
However, no guarantee should be used without disclosing its
conditions and limitations. When space or time restrictions
preclude such disclosures, the advertisement must clearly reveal
where the full text of the guarantee can be examined before
purchase.
- Advertisements must not quote the names, statements or writings
of any individual, public official, government agency, testing
group or other organization without their express written consent.
Guidelines for the use of testimonials appear below.
- Use of the ALD name and credentials is not permitted without
prior written authorization.
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Guidelines for Evaluating Testimonials in Dental Advertising
Testimonials are acceptable so long as they
are not used in a false or misleading manner.
Specific provisos:
- Advertisers must provide written proof that statements used
in testimonials were made and that persons making the statements
have consented to the use of their names in the promotion.
- Testimonials on the efficacy of drugs or devices must be scientifically
substantiated and consistent with any and all FDA statements
on the products.
- Testimonials should reflect the current honest opinion, finding
or experience of the endorser. The advertiser should provide
evidence that the endorser is a current bona fide user of the
product at the time the advertisement appears.
- Any "material connection" between the advertiser
and the endorser must be disclosed.
- Consumers must not be led to believe that their own experience
with a product will be comparable to the endorser's experience,
unless that comparability can be substantiated. In the alternative,
the ad should clearly disclose the limited applicability of
the endorser's experience to what consumers can expect to achieve.
- Testimonials should be reviewed overall for their potential
to mislead or confuse. For example, has a testimonial been excerpted
in a way that changes its overall meaning or impact?
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Time Requirements
Although ALD cannot guarantee adherence in
all cases to a fixed time schedule, every effort will be made
to expedite ALD review. Advertisers are strongly urged to submit
all ad copy in rough form.
Review of advertising will range between 5
and 30 working days depending on the number of revisions and on
whether the advertisement is for a new or existing product. If
supporting data are not provided or are incomplete, additional
time will be required.
ALD is willing to act as a consultation or
suggestion resource for advertisers as much as needed, from early
ad conception through final implementation, to help assure a smooth
approval process.
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Advertising Challenge Procedures
The Academy of Laser Dentistry advocates the
publication of advertisements that are truthful and in good taste,
and which include substantiated claims and qualifying information
abut the attributes or use of a product or service, whenever such
information is needed to avoid misleading potential purchasers.
In the interest of an ethical dental marketplace,
any advertisement appearing in the publications of the Academy
of Laser Dentistry may be challenged. This standard also applies
to any professional or consumer advertisement, appearing in any
media, for products that are participants in the acceptance, certification
or professional recognition programs. All challenges must be submitted
in writing to the Advertising Policy and Review Committee.
The purpose of the challenge procedure is
to improve the advertisement and, in so doing, help fulfill the
mission of the Academy. The challenge process, intended to be
collaborative rather than adversarial, is outlined below.
The Academy will implement the following procedures
in the event an advertisement is challenged.
- When an ad is to be challenged, the challenge should be presented
in writing and with appropriate supporting documentation to
the ALD Advertising Policy and Review Committee. The challenge
should be prepared in a form suitable for transmittal to the
challenged advertiser.
- The challenger has the right to indicate that certain material
is to be considered confidential. If reasonable, such requests
will be honored.
- If the challenge reasonably appears to have merit in the opinion
of the Committee alone, it will be transmitted to the challenged
advertiser for response. The Academy will maintain the confidentiality
of any substantiation originally submitted by the challenged
advertiser in support of claims made in the advertisement. However,
the challenged advertiser must submit a response, with supporting
data, to the Advertising Policy and Review Committee in a form
that is suitable for transmittal to the challenger.
- The challenged advertiser will be expected to respond to the
challenger within two weeks (unless special circumstances dictate
a different deadline) and provide the Advertising Policy and
Review Committee with a copy of its response.
- In order to resolve the issues raised by a challenge, it may
become necessary to require the challenger and/or the challenged
advertiser to respond in writing or in person to the arguments
and data received by the Committee.
- If the Academy does not have the technical expertise necessary
to make a judgment, the Academy reserves the right to utilize
outside consultants, or a third party acceptable to both the
challenger and the advertiser to obtain a resolution. Reasonable
costs for such outside consultancy shall be borne by the challenger.
- Challenges made outside the confines of the Advertising Policy
and Review Committee will not be considered.
- The decision of the Advertising Policy and Review Committee
is the final decision of the Academy of Laser Dentistry on any
challenge.
The Academy of Laser Dentistry will generally
permit a challenged advertisement to continue to run unless:
- It is voluntarily withdrawn by the challenged advertiser.
- The challenged advertiser refuses to cooperate with the procedures
herein described, or fails to supply a written response to the
challenge.
- A decision is rendered against the challenged advertiser by
the Advertising Policy and Review Committee, or by a third party
to whom the challenge has been referred for resolution.
- The issues raised by the challenge are resolved, with finality,
against the advertiser by a government agency or appropriate
court.
- The Advertising Policy and Review Committee, prior to final
disposition of the challenge, determines in its sole discretion
that the existing substantiation for the challenged advertisement
has been brought in serious question and can no longer be substantiated
to the satisfaction of the Committee.
If a decision is made that the challenger's
position is correct, in whole or in part, then the challenged
ad will not be allowed to appear further in ALD publications or
other media unless and until the ad is modified, as directed by
the Advertising Policy and Review Committee.
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Inquiries, comments, suggestions and endorsements
may be directed to:
Gail S. Siminovsky, Executive Director
Academy of Laser Dentistry
PO Box 8667
Coral Springs, FL 33075
Telephone 954-346-3776
Fax 954-757-2598
Email: laserexec@laserdentistry.org
* Comparative advertising is the practice of directly or indirectly
comparing identifiable products or competitors in advertising
messages and usually making a comparison on one or more specific
attributes or characteristics. Puffery is advertising that makes
general or vague claims about a product that cannot be measured
and that neither mentions a competitor's name nor makes comparisons
to an identifiable product or group of products.
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