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 Post subject: What constitutes false or misleading advertising?
PostPosted: Tue Nov 29, 2005 1:34 am 
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EyeWorld, August 2001.

Washington Watch
Refractive surgery advertising raising red flags in Washington
--------------------------------------------------------------------------------

by Jan Beiting Contributing Editor

With competition heating up in refractive surgery, more physicians and surgery centers are promoting themselves through advertising and marketing techniques that probably would have been anathema to the profession just a few years ago.

Physicians and other professionals have the legal right to advertise under U.S. law, but when they do, their advertising is just as subject to federal consumer protections as any other advertiser. What you don't know about the laws designed to protect consumers could hurt you if your ads are questioned.

Federal laws prohibit unfair or deceptive acts or practices in advertising, and false advertising of food, drugs, and services. The responsibility for enforcement of these laws as they apply to drugs and medical devices is shared by the Federal Trade Commission and the Food and Drug Administration.

According to FTC official Matthew Daynard, advertising is considered "deceptive" if it is likely to mislead "reasonable" consumers and if it is likely to affect consumers' conduct or decisions. A practice is "unfair" if it causes or is likely to cause injury to consumers that they could not reasonably avoid and that is not outweighed by the benefits.

Daynard and A. Ralph Rosenthal, MD, director of the Ophthalmic Devices Division at the FDA, shared information about potential problems in refractive surgery advertising during a briefing at the American Academy of Ophthalmology meeting in Dallas in October.

The complete article is available at http://www.eyeworld.org/article.php?sid=1658&query=Daynard


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PostPosted: Sun Oct 14, 2007 8:31 pm 
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http://www.revophth.com/index.asp?page=1_404.htm

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Richard Abbott, MD, professor of clinical ophthalmology at the University of California-San Francisco and chair of the underwriting committee for the Ophthalmic Mutual Insurance Co., says that, according to the Federal Trade Commission, if you must advertise the technology?s benefits, then you have to advertise its drawbacks, as well.

?One couldn?t say, ?Come to our laser center with the latest wavefront technology that offers 20/20?or even better than 20/20?vision,? without a disclaimer that says, ?Every patient may not receive these benefits,??? he says. ?There has to be a balance.?

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PostPosted: Sun Oct 14, 2007 9:26 pm 
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http://www.crstoday.com/PDF%20Articles/ ... 207_07.php

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... the Federal Trade Commission, many state laws, and the AAO Code of Ethics all state that material must not be false or deceptive in the way it is presented to the public. Even advertising that states true facts but conveys a misleading impression to reasonable consumers may be considered illegal. Ophthalmologists must be able to substantiate all claims made in their advertising.

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PostPosted: Mon Oct 15, 2007 7:48 pm 
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Matt Daynard: 202-326-3291, mdaynard@ftc.gov,

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