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Advertising prices and specials for elective treatments: an FTC checklist

The glass front entrance of a medical practice

Practices that offer elective treatments may run specials, “was and now” prices, free consultations or bundle offers. This guide is for practice owners and whoever writes your ads and promotions: what the FTC’s pricing guides say, and a checklist for price claims a patient can rely on.

  1. SearchAn adult looks for care near them.
  2. Your pageWhat you treat, who sees them, one way to book.
  3. Call or formThey call or send a request.
  4. Front deskBooks the visit and never guesses a cause.
  5. Clinical teamThe clinician decides the plan.
How a new patient request reaches your practice.

1. Two FTC guides to know

The FTC’s Guides Against Deceptive Pricing (16 CFR part 233) cover former price comparisons, comparisons with other sellers and bargain offers tied to a purchase. Its guide on the use of the word “Free” (16 CFR part 251) covers free and similar offers. Part 233’s examples are about goods, but part 251 expressly covers “merchandise or service”, and the same principles help when you advertise treatment prices: compare against real prices, and state the conditions at the outset.

2. “Was $X, now $Y” only from a real former price

Section 233.1 says a former price is a legitimate basis for a comparison if it is the actual, bona fide price at which the item was offered to the public on a regular basis for a reasonably substantial period of time. A price set artificially high so you can advertise a large reduction makes the bargain a false one. The guide also warns against tiny reductions presented as a sale, such as “Reduced to $9.99” from $10.

  • Only show a “regular” or “was” price you actually charged, openly, in the recent regular course of business.
  • Keep records of what you charged and when, so you can back up the comparison.
  • Avoid “formerly sold at” wording unless you made substantial sales at that price.
  • For per-unit pricing of toxins, say which product the price applies to; see how to get more Botox patients.

3. “Free” means free, with conditions up front

Section 251.1 says that when something is offered free with a purchase, the purchaser is paying nothing for it and no more than the regular price for the other item, so you should not recover the cost by marking up the item that must be bought. It defines the regular price by reference to a 30-day period of open, active sales, and says all terms, conditions and obligations should be set out clearly and conspicuously at the outset of the offer, in close conjunction with it. A footnote reached by an asterisk is not disclosure at the outset.

  • If a consultation is free only with a booked treatment, or is credited toward one, or needs a deposit, say so next to the offer.
  • Do not raise the treatment price to fund a “free” add-on.
  • Calling the add-on a “gift” or “bonus” instead does not fix a misleading offer; section 251.1(i) says so.
  • Do not run the same free offer for the same service most of the year. Section 251.1(h) says a single kind of service should not be advertised with a free offer in a trade area for more than 6 months in any 12-month period.

4. Bundles, packages and percentage-off

Section 233.4 covers offers such as “buy one, get one free”, “2-for-1”, “half price” and “50% off” that depend on another purchase. It says the consumer may be deceived if the seller raises the regular price, lowers the quantity or quality, or attaches other strings, and that all the terms and conditions should be made clear at the outset.

  • State what the package includes, how long it is valid and what happens to unused sessions; see memberships and packages.
  • Make the discount real against your regular price, not against an inflated one.
  • If a price applies only to certain areas, products or new patients, say so in the ad, not only at the front desk.

5. “From” prices and final totals

  • A “from” or “starting at” price should be one a patient can actually get, for a treatment you describe, so it is not misleading.
  • Explain that the total is set after assessment, and give it in writing before treatment.
  • For uninsured or self-pay patients, a good faith estimate may be required; see good faith estimates.
  • Train the front desk to quote the same terms as the ad; see the new patient phone script.

States and professional boards may have their own rules on advertising, discounts and inducements in health care, so check promotions with counsel before you run them.

Where MediLeadGen fits

MediLeadGen sends practices requests from people interested in cash-pay elective treatments. Each request goes to one practice only, with the person’s consent naming that practice, at a fixed price per delivered request.

See how it works for practices

Questions practices ask

Can we advertise a treatment as “was $500, now $350”?

Only if $500 is a real former price. The FTC’s pricing guides say the former price should be the actual, bona fide price at which you offered the treatment openly and regularly for a reasonably substantial period, not one set high to create a bargain.

Can we offer a free consultation?

Yes, if it is genuinely free or the conditions are clear. If it depends on booking a treatment, is credited toward one or needs a deposit, the FTC’s guide on “Free” offers says the terms should be stated clearly at the outset, next to the offer, not in a footnote.

How long can we run a free offer?

The FTC’s guide says a single kind of service should not be advertised with a free offer in a trade area for more than 6 months in any 12-month period, so the offer stays special.

Does calling it a bonus or gift avoid the free rules?

No. The FTC’s guide says offers that would be deceptive as “Free” are not fixed by using words like “gift”, “given without charge” or “bonus”.

General information for practice teams, not legal advice. Check promotions with counsel, including any state or board rules on advertising and discounts. Last reviewed October 2026.

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