§ 40-38-310 — Unlawful advertising, sales, and pricing acts regarding ophthalmic goods and services; required disclosures.

(A) It is unlawful for a person 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 opticianry. It is 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 which relates to the procurement of ophthalmic goods or services. (B) It is unlawful for a person to offer or give eye examinations, eyeglasses, spectacles, lenses, or any part used in connection with them as a premium or bonus with merchandise or in any other manner to induce trade. This section does not prohibit giving ophthalmic products incidental to the use of the product being offered or the offering of a reduced price, sale, or discount on purchases. These disclosures must be made with any offer: (1) if the offered price is represented as being a reduced price, sale price, or discounted price, the offer shall disclose the reduced price, sale price, or discounted price is from the offeror's regular selling price or shall disclose any other price and its source which serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price; (2) the date the offer terminates. (C) It is unlawful for a person to disseminate price information concerning ophthalmic goods and services without including 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; and (5) eyeglasses includes both frame and lenses.

Legislative History

HISTORY: 1998 Act No. 426, SECTION 1. Editor's Note Prior Laws:1982 Act No. 396, SECTION 1; 1988 Act No. 528, SECTION 1; 1976 Code SECTION 40-38-70.