§ 17-89-406 — Disclaimer in advertisements required

(a) Any advertisement made by, for, or in behalf of any ophthalmic dispensing firm or any dispensing optician in this state, by newspaper, magazine, handbill, circular, radio, television, billboard, sign, or other means or forms of advertisement, except goodwill advertising as determined by the State Board of Optometry, shall cause to have printed thereon, or stated in oral advertisements, the following disclaimer: "This firm is not licensed to make eye examinations." (b) (1) In any printed advertisement, the disclaimer shall be printed in the same style, arrangement, and overall appearance of other printed material appearing within the advertisement, giving similar prominence to the disclaimer in the same size of type, style, arrangement, and overall appearance used in a majority of the written material in the advertisement. (2) In oral advertisements, the disclaimer shall be depicted in a vocal presentation of the same volume, quality, and style as other portions of the oral advertisement are presented.

Legislative History

Acts 1985, No. 418, § 3; A.S.A. 1947, § 72-2126.