Oklahoma § 59-943.1 - Advertisement of ophthalmic lenses, frames, eyeglasses,

§ 59-943.1. Advertisement of ophthalmic lenses, frames, eyeglasses,

spectacles or parts.

A. No person, firm or corporation shall publish or display, or

cause or permit to be published or displayed in any newspaper or by

radio, television, window display, poster, sign, billboard or any

other means, any statement or advertisement concerning ophthalmic

lenses, frames, eyeglasses, spectacles or parts thereof, that is

fraudulent, deceitful or misleading, including statements or

advertisements of discount, premiums, price, gifts or any statements

or advertisements of a similar nature, import or meaning or which is

likely to mislead or deceive because in context it makes only a

partial disclosure of relevant facts.

Oklahoma Statutes - Title 59. Professions and Occupations

B. No person, firm or corporation shall publish or display or

cause or permit to be published or displayed in any newspaper, or by

radio, television, window display, poster, sign, billboard or any

other means of media, any statement or advertisement of or reference

to the price or prices of any eyeglasses, spectacles, lenses, frames

or any other optical device or materials or parts thereof requiring

a prescription from a licensed physician or optometrist unless such

person, firm or corporation complies with the provisions of

subsections C through E of this section.

C. Any advertisement or statement published or displayed that

contains the price of an item in any of the following categories:

1. Single vision lenses;

2. Kryptok bifocal lenses;

3. Regular bifocal lenses;

4. Trifocal lenses;

5. Aphakic lenses;

6. Prism lenses;

7. Double segment bifocal lenses;

8. Subnormal vision lenses;

9. Tinted lenses; and

10. Frames;

or any other items advertised shall also contain the prices of all

items in the same category. All items and prices shall be published

or displayed with equal prominence. No advertisement that shows the

price of items listed in the categories shown above shall contain

any language which directly or indirectly compares the prices so

quoted with any other prices of similar items. In showing the price

of all items in any category, it shall be permissible to combine two

or more categories into one general category of "all other lenses"

and designate the price thereby of "up to $_____," which represents

the highest price of any lenses included within this combined

general category. Should there be a category in which two or more

price differentials exist, it shall be permissible for the category

to have a single listing in the advertisement with the lowest and

the highest price in the category designated.

D. In the event the dispensing optician owns more than one

office, the prices for all eyeglasses, spectacles, lenses, frames or

other optical devices or materials or parts thereof in the same

category shall be the same in all offices located within the same

county or city regardless of the name under which the dispensing

optician operates the offices.

E. All items advertised by price in accordance with this

section shall be available at the advertised price without limit to

quantity unless the advertisement contained quantity limitations to

all persons including, but not limited to, individuals, physicians,

optometrists and dispensing opticians.

Oklahoma Statutes - Title 59. Professions and Occupations

F. Any advertisement quoting a price or prices of spectacles,

eyeglasses and other optical appliances only, shall contain a

readily legible statement that the quoted price or prices "Does not

include professional services of an examining optometrist or

physician."

G. Dispensers of optical appliances or devices are subject to

the Oklahoma Deceptive Trade Practices Act, as provided in Sections

51 through 55 of Title 78 of the Oklahoma Statutes, and in addition

to the civil remedies provided therein, it shall be a misdemeanor

for any dispenser of optical appliances or devices as defined herein

to knowingly commit a deceptive trade practice as defined in the

Oklahoma Deceptive Trade Practices Act.

H. A person who violates any provision of this act is guilty of

a misdemeanor and upon conviction is punishable by a fine of not

less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00) or by confinement in the county jail for not less than two

(2) months nor more than six (6) months, or both. A separate

offense is committed each day a violation of this act occurs or

continues. Should the violator be an optometrist, such violation

also constitutes grounds for revocation of his license to practice

optometry. Provided, however, the owner, officer or employee of any

advertising media, not otherwise having a pecuniary interest in any

advertising authorized by the provisions of this act, shall not be

guilty of the misdemeanor hereinabove defined by reason of the

publishing or other delivery of any advertising furnished by a

vendor of the service or material so advertised.

Laws 1978, c. 37, § 2.