Ophthalmic Comment of the Council on Wage and Price Stability: Before the Federal Trade Commission: Proposed Trade Regulation Rule Regarding Avertising of Ophthalmic Goods and Services

by Michael H. Moscow on April 2, 1976
by Michael H. Moscow, Debra Littleton, Thomas D. Hopkins and Roy A. Nierenberg

On January 16, 1976 and April 2, 1976, the Federal Trade Commission (“Commission”) issued proposed regulations concerning the advertising of ophthalmic goods and services (41 ~ 2399 and 41 FR 14194). The proposed regulations are intended to eliminate certain restrictions that now prevent providers of eye care (ophthalmologists, optometrists, and opticians) from advertising their goods and services. They would preempt all State and local laws on the subject and void any association restrictions. In addition, they may require the eye examiner to provide his or her customer with a written prescription. The Commission’s notice specifically invited comments on the proposed regulations…

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