Cite as: 526 U. S. 756 (1999)
Opinion of the Court
guidelines intended to help members comply with the Code and with state law the CDA has advised its dentists of disclosures they must make under state law when engaging in discount advertising.2
Responsibility for enforcing the Code rests in the first instance with the local dental societies, to which applicants for CDA membership must submit copies of their own advertisements and those of their employers or referral services to assure compliance with the Code. The local societies also actively seek information about potential Code violations by applicants or CDA members. Applicants who refuse to withdraw or revise objectionable advertisements may be denied membership; and members who, after a hearing, remain
"e. contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.
"Any communication or advertisement which refers to the cost of dental services shall be exact, without omissions, and shall make each service clearly identifiable, without the use of such phrases as 'as low as,' 'and up,' 'lowest prices,' or words or phrases of similar import.
"Any advertisement which refers to the cost of dental services and uses words of comparison or relativity—for example, 'low fees'—must be based on verifiable data substantiating the comparison or statement of relativity. The burden shall be on the dentist who advertises in such terms to establish the accuracy of the comparison or statement of relativity."
"Advertising claims as to the quality of services are not susceptible to measurement or verification; accordingly, such claims are likely to be false or misleading in any material respect." 128 F. 3d 720, 723-724 (CA9 1997) (some internal quotation marks omitted).
2 The disclosures include: "1. The dollar amount of the nondiscounted fee for the service[.]
"2. Either the dollar amount of the discount fee or the percentage of the discount for the specific service[.]
"3. The length of time that the discount will be offered[.]
"4. Verifiable fees[.]
"5. [The identity of] [s]pecific groups who qualify for the discount or any other terms and conditions or restrictions for qualifying for the discount." Id., at 724.
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