§ 40-37-390 — Unlawful advertising practices.

(A) It is unlawful for a person, partnership, or corporation that provides optometric services to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of optometry. It is also unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty that relates to the procurement of ophthalmic goods or services. (B) It is unlawful for a person, partnership, or corporation that provides optometric services to offer or give eye examinations as a premium or bonus with the purchase of merchandise or in any other manner to induce trade without offering the following information: (1) if the offered examination fee is represented as being a reduced price, sale price, or discounted price, the offer must disclose whether the reduced price, sale price, or discounted price is from the offeror's regular selling price or must disclose any other price and its source if it serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price; (2) if ophthalmic materials are offered in conjunction with a reduced examination fee, the offer must include complete price information regarding all ophthalmic materials; (3) the date the offer terminates. (C) It is unlawful for a person, partnership, or corporation to disseminate price information concerning ophthalmic goods and services without including whether an advertised price for: (1) eyeglasses includes single vision or multi-focal lenses; (2) contact lenses refers to hard or soft contact lenses; (3) ophthalmic materials includes all dispensing fees; (4) ophthalmic materials includes an eye examination; (5) eyeglasses includes both frame and lenses; and (6) ophthalmic materials carries restrictions on selection. (D) Nothing in this chapter prevents a person from making truthful, nondeceptive claims of qualifications and professional affiliations.

Legislative History

HISTORY: 2005 Act No. 135, SECTION 1. Editor's Note Prior Laws:1917 (30) 1; Civ. C. '22 SECTION 2466; 1932 Code SECTION 5245; 1937 (40) 394; 1942 Code SECTION 5245; 1952 Code SECTION 56-1075; 1962 Code SECTION 56-1075; 1977 Act No. 211; 1982 Act No. 395, SECTION 1; 1988 Act No. 501, SECTION 1; 1976 Code SECTION 40-37-180.