SECTION 77.4. Misleading Claims

(a) A person advertising chiropractic services shall not use false, deceptive, unfair, or misleading advertising, including:

(1) claims intended or reasonably likely to embellish or create a false expectation of the favorable results from chiropractic treatment;

(2) claims intended or reasonably likely to create a false expectation of the cost of treatment or the amount of treatment to be provided;

(3) claims reasonably likely to deceive or mislead because the claims in context represent only a partial disclosure of the conditions and facts of the extent of treatment the licensee expects to provide;

(4) claims that state or imply chiropractic services can cure any condition;

(5) claims that chiropractic services cure or lessen the effects of ailments, injuries, or other disorders of the human body which are outside the scope of chiropractic practice;

(6) claims that state or imply the results of chiropractic services are guaranteed;

(7) claims that chiropractic services offer results that are not within the realm of scientific proof beyond testimonial statements or manufacturer's claims; or

(8) claims intended or reasonably likely to create a false expectation of the adverse consequences of not receiving chiropractic treatment.

(b) Subsection (a)(2) of this section is not applicable where the cost or amount of treatment varies from an original quotation or advertisement by a reasonable amount.

(c) The standard for determining whether a violation of this rule has occurred is the generally accepted standards of care within the chiropractic profession in Texas.

Source Note: The provisions of this §77.4 adopted to be effective January 29, 2015, 40 TexReg 379; amended to be effective June 6, 2019, 44 TexReg 2709