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South Dakota advertising rules for med spas

FTC and state limits on how treatments and results may be marketed. Below are the South Dakota rules that govern it, each linked to its primary source. Monitoring and reference, not legal advice.

Advertising rules in South Dakota

South Dakota's advertising ground is one of the broadest in this reference and it does not require falsity: unprofessional or dishonorable conduct includes ALL ADVERTISING OF MEDICAL BUSINESS IN WHICH UNTRUTHFUL OR IMPROBABLE STATEMENTS ARE MADE, OR WHICH ARE CALCULATED TO MISLEAD OR DECEIVE THE PUBLIC — “improbable” and “calculated to mislead” reaching claims that are not provably untrue. Two neighbouring items cover the sales practices around it: obtaining any fee ON THE ASSURANCE THAT A MANIFESTLY INCURABLE DISEASE CAN BE PERMANENTLY CURED, and employing what is known as CAPPERS OR STEERERS.

  • The term, unprofessional or dishonorable conduct, as used in this chapter includes all advertising of medical business in which untruthful or improbable statements are made or which are calculated to mislead or deceive the public.

    S.D. Codified Laws §36-4-30(5) · verified Sep 3, 2026

  • The term, unprofessional or dishonorable conduct, as used in this chapter includes obtaining any fee on the assurance that a manifestly incurable disease can be permanently cured.

    S.D. Codified Laws §36-4-30(3) · verified Sep 3, 2026

  • The term, unprofessional or dishonorable conduct, as used in this chapter includes employing what is known as cappers or steerers.

    S.D. Codified Laws §36-4-30(2) · verified Sep 3, 2026

  • The term, unprofessional or dishonorable conduct, as used in this chapter includes willfully betraying a professional confidence.

    S.D. Codified Laws §36-4-30(4) · verified Sep 3, 2026

  • If the attorney general has reason to believe that any person is using, has used, or is about to use any act or practice declared unlawful by § 37-24-6, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state to restrain the practice by temporary or permanent injunction, upon appropriate notice to that person.

    S.D. Codified Laws §37-24-23 · verified Sep 8, 2026

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