Chapter 430-6 DECEPTIVE ADVERTISING

Rule 430-6-.01 Deceptive Advertising

A licensed doctor of optometry may not publish or display or cause to be published or displayed in any newspaper or by radio, television, billboard, window display, or any other means or medium, any statement or advertisement concerning ophthalmic services or materials, including but not limited to lenses, frames, spectacles, contact lenses, or parts thereof, which is false, deceptive, or misleading. For purposes of this rule,"false, deceptive or misleading" advertising shall include but not be limited to any advertising not in compliance with Rule 430-4-.01(2)(f)1..

(2)	Any advertisement of prescription spectacles or contact lenses is required to contain language to the effect that an eye doctor's prescription is required for the purchase of such prescription spectacles or contact lenses.

(3)

Any advertisement of the price of prescription spectacles or contact lenses is required to contain the following information:

(a)	a statement of whether or not the cost of an examination by an eye doctor is included in the price;

(b)	if the advertised goods are to be available to the public at the advertised price for less than 30 days after the date of publication of the advertisement, the advertisement shall state the time limitation on the offer;

(c)	if the advertised goods are to be available to the public in limited quantities and no rainchecks are given upon total depletion of the inventory of the goods advertised, the advertisement shall state the total quantity available to all customers;

(d)	advertisements must contain a complete description of optical goods and services included in that price and disclose any extra charges that may be required to serve the consumer's health and visual needs; and

(e)	if the advertised goods are to be available to the public at a limited number per customer, the advertisement shall state the limit per customer.

(4)	Any person who fails to satisfy the requirements of subsection (2) or (3) above shall be deemed to have published a false, deceptive, or misleading statement within the meaning of this section.

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