64B12-10.005. Advertising

(1) No licensed optician may disseminate or cause to be disseminated any advertisement or advertising which is false, fraudulent, deceptive or misleading.

(2) Any advertisement or advertising shall be deemed to be false, fraudulent, deceptive or misleading, if it:

(a) Contains a misrepresentation of facts;

(b) Is misleading or deceptive because in its content or in the context in which it is presented, it makes only a partial disclosure of relevant facts;

(c) Creates false or unjustified expectations of the benefits of opticianry services;

(d) States price or delivery times for optical devices which do not fully disclose any exceptions to the offer or fees not included, such as examination fees;

(e) Offers guarantees or warranties for optical devices without fully disclosing which devices, if any, are not subject to guarantee or warranty;

(f) Contains any representation or claim which the advertising optician fails to perform.

(3) When determining what constitutes fraudulent, false, deceptive, or misleading advertisement, the Board shall be guided by the rules promulgated and decisions rendered by the Department of Legal Affairs under Part II, Chapter 501, F.S., and applicable rules promulgated and decisions rendered by the Federal Trade Commission.

(4) The provisions of this rule shall apply to media exposure of any nature regardless of whether it is in the form of paid advertising.

(5) The statement in an advertisement to the effect of “eye examinations arranged” shall not, in and of itself, be considered to be false, fraudulent, deceptive or misleading within the meaning of this rule or Chapter 484, F.S.

(6) Failure to comply with this rule is a violation of Section 484.014(1)(e), F.S.

Specific Authority 484.005 FS. Law Implemented 484.014(1)(e) FS. History–New 12-6-79, Amended 4-1-84, Formerly 21P-10.05, Amended 3-5-87, Formerly 21P-10.005, 61G13-10.005, 59U-10.005.