FEDERAL TRADE COMMISSION Paul Rand Dixon, Chairman William C. Kern Philip Elman A. Everette MacIntyre Joseph W. Shea, Secretary FEDERAL TRADE COMMISSION TRADE PRACTICE RULES For The OPTICAL PRODUCTS INDUSTRY As Promulgated June 30, 1962 STATEMENT BY THE COMMISSION: Trade practice rules for the Optical Products Industry, hereinafter set forth, are promulgated by the Federal Trade Commission under its trade practice conference procedure. They constitute a revision and extension of the trade practice rules promulgated for the Wholesale Optical Industry on June 30, 1950 and supersede and replace such rules. The industry members and products, to which the rules now promulgated have application, are defined in paragraphs (a) and (b) which immediately precede such rules. Proceedings for the establishment of rules for the Optical Products Industry were instituted pursuant to an application from an industry trade association. An industry trade practice conference was held in Chicago, Illinois on January 19, 1962, under auspices of the Commission. Subsequently proposed rules were released by the Commission and a public hearing was held thereon, pursuant to public notice, in the Federal Trade Commission Building, Washington, D. C., on May 14, 1962, at which industry members and other interested and affected parties were afforded opportunity to express their views, objections, and suggestions concerning the coverage and form and content of such proposed rules. Thereafter, and upon full consideration of the entire matter, final action was taken by the Commission whereby it approved rules for the industry in the form hereinafter set forth and directed that same be promulgated. The rules are interpretive of requirements of laws administered by the Commission. They define and proscribe various practices deemed to be violative of such laws, and are thus designed to be of assistance to the industry members in keeping their trade practices and business behavior in full consonance with legal requirements. Such rules become operative thirty (30) days from the date of their promulgation. THE INDUSTRY AND ITS PRODUCTS DEFINED (a) Members of the industry are persons, firms, corporations, or organizations engaged in the manufacture, processing, assembly, sale, offering for sale, or distribution of any kind of industry products as the term "industry products" is defined in the next paragraph. (b) The term "industry products," as used in (a) above and in the following rules, includes eyeglasses and contact lenses which are designed to provide correction and improvement of eyesight, and parts (lenses, frames, etc.) or accessories therefor. As here used, the term "eyeglasses" includes spectacles and eyeglass clip-ons having non-prescription magnifying lenses, as well as eyeglasses with prescription lenses. Sunglasses, goggles and safety spectacles which are designed solely for the protection of eyes or eyesight, as distinguished from correction or improvement of eyesight, are not included; nor are precision lenses for telescopes, binoculars, etc., to be considered as included. (Note: It is to be understood that the word "sale," as used in (a) of the above definition and in the rules which follow, is to be construed as including the dispensing of prescription eyeglasses or contact lenses by ophthalmologists, oculists, physicians, or optometrists, to their patients, as well as the dispensing of such products by opticians to their customers.) THE RULES The rules which follow are based on statutes administered by the Commission. Their application is subject to jurisdictional requirements specified in such statutes.1/ When such jurisdictional requirements are present, appropriate proceedings will be taken by the Commission in the public interest to prevent any member of the industry from engaging in any practice proscribed by such rules. When a formal complaint 1/The rules are based on Sections 5, 12, and 15 of the Federal Trade Commission Act, as amended, and Sections 2 and 3 of the Clayton Act, as amended. For application of the prohibitions of Section 5 of the Federal Trade Commission Act, as amended, it is requisite that the practice be "in commerce." The term "commerce" is defined in said Act as follows: "Commerce' means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation." Industry products are "devices" as the term is defined in Section 15 of the Act. Under Section 12 of the Act, the Commission has authority to take corrective action respecting any false advertisement of such products which is disseminated "by the United States mails, or in commerce by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly" a purchase of the advertised product; and under Section 13 of the Act, it also has authority to bring court suits to enjoin dissemination of false advertisements of such products pending the issuance by it (the Commission) of a formal complaint. Though having authority to take corrective action respecting the mislabeling, as well as false advertising, of industry products, it is the Commission's general policy to not exercise its authority respecting the mislabeling of the products, and to thus avoid duplication, and possible conflict, of effort with the Food and Drug Administration of the Department of Health, Education and Welfare, such Administration having responsibilities under specific statutes relating to the mislabeling of the products. This general policy is not to be considered as applicable to price preticketing violative of Rule 6, nor to deception as to origin or place of manufacture violative of Rule 9; and there may be additional situations in which the Commission will exercise its jurisdiction over mislabeling of the products. For application of the prohibitions of Sections 2 and 3 of the Clayton Act, as amended, it is requisite that the party be "engaged in commerce" and that the practice be "in the course of such commerce." proceeding is instituted, the complaint charge will be that of violation of the statutory provision on which the rule is based. (1) It is an unfair trade practice for any industry member to sell or offer for sale any industry product under any representation, circumstance, or condition, having the capacity and tendency or effect of deceiving a purchaser or prospective purchaser in any material respect. (2) Among the practices which are to be regarded as prohibited by (1) above are advertisements and sales presentations in newspapers, magazines, catalogues, telephone directories, radio or television broadcasts, or otherwise, which deceive purchasers or prospective purchasers with respect to (a) the composition, construction, design, type, quality, durability, or efficacy of any industry product or part thereof; (b) the identity of the manufacturer, processor, or distributor of any industry product or part thereof; (c) conformance of contact lenses, and lenses and frames of eyeglasses, to the requirements of the purchaser as prescribed by an ophthalmologist, oculist, physician, or optometrist; (d) the extent of vision improvement that may reasonably be expected from use of the advertised eyeglasses or contact lenses; (e) the probable length of time that the lenses of an advertised product will be satisfactory for use by the wearer without need for polishing, processing, or replacement; or (f) the immunity or degree of resistance possessed by an industry product, or part thereof, with respect to breakage, discoloration, tarnish, or corrosion. RULE 2 FALSE ADVERTISING OF NON-PRESCRIPTION MAGNIFY- It is an unfair trade practice for any industry member to publish, or cause to be published, any advertisement or sales presentation relating to non-prescription magnifying spectacles (sometimes referred to as ready-made spectacles) which represents, directly or by implication, that the spectacles so offered will correct, or are capable of correcting, defects in vision of persons, unless it is clearly and conspicuously disclosed in the advertisement or sales presentation that the correction of defects in vision by such products is limited to persons approximately 40 years of age and older who do not have astigmatism or diseases of the eye and who require only simple magnifying or reducing lenses; or to publish or cause to be published any advertisement or sales presentation which has the capacity and tendency or effect of deceiving purchasers or prospective purchasers in any other material respect. 60-677 O-66-24 RULE 3 FALSE ADVERTISING OF CONTACT LENSES. It is an unfair trade practice, in the offering for sale, sale, or distribution of contact lenses, for an industry member to publish or cause to be published any advertisement which represents directly or by implication that contact lenses (a) are suitable and safe for all persons, regardless of their age, health, or eye condition; (b) can be worn satisfactorily and without discomfort by all, or nearly all, persons; (c) can be fitted without any discomfort; (d) can be worn for any short or long period without discomfort unless the advertisement clearly reveals that practically all persons will experience some discomfort when first wearing them and that in a significant number of cases the discomfort period may be prolonged; (e) can be worn all day without discomfort by any person except after that person has become fully adjusted thereto and unless such is the fact; (f) will completely replace eyeglasses in all, or nearly all, cases, or will provide better correction of vision than eyeglasses in all, or nearly all, cases; (g) which are bifocal are as satisfactory to the wearer as prescription eyeglasses having bifocal lenses; (h) will correct all defects in vision; (i) will stay in place under all conditions; or under any specified conditions when such is not the fact; (j) are unbreakable in all circumstances; or are unbreakable in any indicated circumstances when such is not the fact; (k) can be adequately tried without financial obligation, unless such is the fact; (1) will protect the eyes, unless such representation is limited in application to the portion of the eyes covered by such lenses and does not denote or connote a greater degree of protection to such portion, than is in fact the case; (m) do not rest upon, or have contact with, the eyes; (n) are more comfortable than all other types or kinds of contact lenses; (When represented as more comfortable than all other type or kinds, they must be of unique design or construction or |