Ethics & California LawQuestion 470 of 484
A licensee posts an Instagram ad that promises 'medical-grade microneedling for guaranteed permanent acne scar removal in one session.' Which is the BIGGEST legal problem with the ad?
a.It misrepresents scope (microneedling beyond the stratum corneum is the practice of medicine), uses 'guaranteed' and 'permanent' language that violates BPC §651 false-and-misleading-advertising prohibitions for licensed professionals, and may also violate cosmetic-medical scope rules; the licensee may face BBC discipline and Medical Board referral
b.It uses the wrong font size
c.It does not include the price
d.It was posted on Instagram instead of Facebook
Explanation
Bus. & Prof. Code §651 broadly prohibits false, fraudulent, misleading, or deceptive advertising by licensed professionals. 'Guaranteed' and 'permanent' results, claims of 'medical-grade' procedures, and any service that pierces beyond the stratum corneum (such as microneedling beyond about 0.3 mm) cross into the practice of medicine and are outside cosmetology and esthetician scope. The licensee risks BBC discipline for unlicensed practice of medicine and false advertising, and potential Medical Board enforcement. Font size, price disclosure, and platform choice (options B, C, D) are not the substantive legal problem the exam is testing.
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