Section 73A Advertising restrictions; violations; penalties - Massachusetts Statutes

Section 73A. Persons may advertise the sale price of eyeglasses, contact lenses or eyeglass frames provided they shall not include in any newspaper, radio, display sign or other advertisements any statement of a character tending to deceive or mislead the public, or, any statement which in any way misrepresents any material or service or credit terms, or, any statement containing the words “free examination of eyes”, “free advice”, “free consultation”, “consultation without obligation”, or any other words or phrases of similar import which convey the impression that eyes are examined free. Any advertisement offering contact lenses, eyeglasses, or eyeglass frames at a fixed price shall include a statement which indicates that said price does not include eye examination and professional services. Such statement shall indicate whether said price includes lens and, if so, the type of lens, single vision, bi-focal or tri-focal and the strength thereof, low, medium or high.

Whoever violates any provision of this section shall be punished for the first offense by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not more than three months, or both, and for a subsequent offense by a fine of not less than two hundred dollars nor more than five hundred dollars or by imprisonment for not less than three nor more than six months, or both.