The '90% Migraine Cure' Campaign
A 34-year-old chiropractor opens a new clinic and launches a radio and social media campaign. The ads say: 'Upper cervical care cures 9 out of 10 migraines-guaranteed.' The clinic's website displays before-and-after cervical X-rays and a testimonial from 'Jennifer R.,' who says she stopped taking Imitrex after two adjustments. The site also calls the chiropractor 'board certified in upper cervical chiropractic' even though the chiropractor holds only a certificate from a weekend continuing education course. A Groupon offer advertises a '$39 complete spinal rehabilitation package' that includes an examination, X-rays, and twelve adjustments, but the fine print says the package requires a separate $250 'treatment plan deposit.' The chiropractor also hands out business cards that say 'Dr. A. Smith, M.D. (Chiropractic)' although the license is chiropractic only.
1. Identify the advertising statements that likely violate Indiana law and explain why.
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Several statements are likely deceptive under Indiana advertising rules. 'Cures 9 out of 10 migraines-guaranteed' is a guarantee of cure and a statistical claim the chiropractor cannot substantiate; migraine is a medical condition and the claim implies a result beyond chiropractic scope. The testimonial saying Jennifer stopped Imitrex implies that chiropractic care can replace prescribed medication; even a genuine testimonial cannot be used in a way that misleads patients about medication. 'Board certified in upper cervical chiropractic' is misleading if the only credential is a weekend CE certificate; board certification may be stated only if it is a recognized certification. 'Dr. A. Smith, M.D. (Chiropractic)' falsely implies a medical degree. The before-and-after X-rays may imply guaranteed structural change and need context. The Groupon is a bait-and-switch if the $250 deposit is not clearly disclosed before purchase; the total price and material terms must be stated. The clinic should rewrite the ads to be truthful, avoid guarantees and cure language, describe services accurately, disclose all fees, and use only genuine testimonials with appropriate context.
2. Revise the campaign into compliant advertising and describe the records the clinic should keep for Groupon patients.
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A compliant version would say something like: 'We provide chiropractic evaluation and upper cervical care for neck pain and headache. Individual results vary; no cure is guaranteed. Ask about risks, benefits, and alternatives.' The chiropractor should remove the '9 out of 10' claim, the guarantee, the Imitrex testimonial, the before-and-after X-rays unless properly contextualized and consented, the 'board certified' line unless verified, and the 'M.D.' designation. The Groupon should state the full price, what is included, whether X-rays are required, the refund policy, and any separate charges before purchase. For each Groupon patient, the clinic should keep the intake history, examination, diagnosis, informed consent, X-ray orders and reports, treatment plan, progress notes, billing records, and the advertisement itself. Keeping the ad copy and the patient's understanding of the offer matters because a later complaint may turn on whether the promotion was deceptive. The chiropractor should also train staff not to make oral promises that contradict the written ad.