Further, we believe that even assuming this information could be classified as potentially misleading, the state's outright prohibition on the use of these terms cannot be justified. As stated in
In re R.M.J., “the States may not place an absolute prohibition on certain types of potentially misleading information, e.g., a listing of areas of practice, if the information also may be presented in a way that is not deceptive.”
455 U.S. at 203, 102 S.Ct. at 937. It is evident, as noted above, that a term such as “orthodontics” is not in and of itself deceptive; rather, it conveys information regarding dental procedures which either a general practicing dentist or a dentist specializing in orthodontia may perform.
It is equally evident that these terms and the information they convey can be presented in a way which does not mislead the public into believing that a general practicing dentist is a dentist with an orthodontia specialty license. A disclaimer to such an effect would adequately address the state's concern. Further, plaintiff's advertisement in the instant case is illustrative of how additional information can serve to inform the public that a dentist is a general practitioner. By including the phrase “COMPLETE DENTAL CARE,” and by listing this advertisement under the heading “Dentists” and not “Dentists-Orthodontists,” plaintiff is informing the public that he is a general practitioner who provides orthodontic services as part of his general practice.