Does Disciplinary Law Protect Us from False and Misleading Health Advertising?

Health-related advertisements should not mislead prospective patients. To do so may deprive patients of their ability to give or withhold consent to treatment and in the case of terminally ill patients, of the opportunity to accept and come to terms with the dying process. Patients should be able to expect that claims in health-related advertising are based on the most recent scientific evidence and are not predatory or exploitative. However, internet advertising and social media continue to provide opportunities for unscrupulous health practitioners to peddle their wares. This article considers whether disciplinary law effectively deals with false, misleading or deceptive health-related advertising in the context of regulated and unregulated practitioners as well as complementary and alternative medicine. It argues that consideration should be given to amending disciplinary law to specify what evidence is required to substantiate claims made in advertising.