New Jersey

Healthcare providers in New Jersey must ensure their marketing does not include any false, misleading, or deceptive statements or omit important information that could impact a patient’s decision-making. The Garden State has grown quite a thicket of medical marketing regulations, and under New Jersey law, advertising that misrepresents material facts or creates a misleading impression may be considered unprofessional conduct.

While this overview isn’t a substitute for legal advice, it highlights key considerations that Etna Interactive supports for compliant medical marketing. Before launching or updating any campaign, we encourage practices to review all content with qualified legal counsel.

What This Means for New Jersey Medical Practices

New Jersey medical practices should avoid marketing that could be interpreted as false, misleading, or incomplete, especially regarding treatment outcomes, provider qualifications, or the expected value of services.

For elective healthcare practices, this applies across your full digital presence, including your website, paid ads, social media content, email campaigns, landing pages, and before-and-after galleries. Practices should also carefully review how they present results, credentials, testimonials, and comparative claims to ensure accuracy and transparency.

Sample Best Practices

These sample best practices are designed to help you discuss your medical marketing tactics with your legal counsel in more detail. Find out if you need to take steps to avoid the following:

• Including in your advertising any statement, claim or format including, but not limited to, a graphic representation, which is false, fraudulent, misleading or deceptive.
• Making any misrepresentation of a material fact.
• Suppressing, omitting, or concealing any material fact under circumstances when you know or should know that the omission is improper or prohibits a prospective patient from making a full and informed judgment on the basis of the information set forth in the advertisement.
• Making any claim that the service performed or the materials used are superior to that which is ordinarily performed or used in the profession.
• Promoting a professional service which you know or should know is beyond your ability to perform.
• Communicating in a way that appears to intimidate, exert undue pressure or to unduly influence a prospective patient or consumer.
• Providing any information that may personally identify a patient without the patient’s signed written permission obtained in advance.
• Paying for referral of a patient.
• Directly or indirectly obscuring a material fact.
• Guaranteeing results from a procedure.
• Advertising fees without giving a fixed or a stated range of fees for specifically described routine professional services or goods offered.
• Charging for additional services in conjunction with the fee for an advertised service unless the advertisement includes a specific delineation of additional services contemplated in the fee to be charged.
• Advertising discounted services without stating the reduced fee or range of fees and the physician’s usual fee or range of fees for each service for which a reduction is advertised.
• Advertising free services or discounts without including a statement of the specific charges for all associated or reasonably anticipated services which are not included in the offer of free or discounted services.
• Charging for any service rendered during a period of 72 hours from the time the free service was rendered, except for those services specifically excluded in the advertisement offering free services.
• Advertising without retaining for at least three years a copy of any print or electronic advertisement for review by the Board of Medical Examiners.
• Claiming board certification without conspicuously specifying in the advertisement the specific specialty board or certifying entity granting the certification and the national organization recognizing such specialty board or certifying entity.
• Using testimonials without complying with the extensive requirements related to testimonials.
• Making scientific claims that cannot be substantiated.
• Showing patient before-and-after photos without indicating that results may vary and that the results shown are not a guarantee.
• Showing models without clearly indicating that the photos are not of actual patients.

Market Your New Jersey Practice With More Confidence

Medical marketing in New Jersey requires more than strong messaging. Your website, ads, social media, email campaigns, landing pages, and patient-facing content should also be reviewed with accuracy, clarity, and compliance awareness in mind.

Etna Interactive helps medical and aesthetic practices create digital marketing strategies that support visibility, patient trust, and practice growth. To learn more about how our team can support your marketing efforts, reach out with questions or request a consultation with one of our experts.

Please help us keep these pages up to date. If you or your legal counsel notice an oversight in our comments or a problem with this page, please alert us by email. Also, be sure to read our legal disclaimer.

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