Florida Regulations 64B6-7.004: Fraudulent, False, Deceptive or Misleading Advertising
Current as of: 2024 | Check for updates
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An advertisement or advertising is fraudulent, false, deceptive or misleading if it:
(1) Contains a misrepresentation of facts.
(2) Contains false statements as to the licensee’s or trainee’s professional achievements, degrees, trained skills, and qualifications in the hearing aid specialist profession.
(3) Is misleading or deceptive because its content or the context in which it is presented makes only a partial disclosure of relevant facts.
(a) Specifically, it is misleading and deceptive to advertise a discounted price, without specifying the usual price for the product or services identified either in the advertisement or at the store or other location where sales of product or services take place.
(b) Furthermore, it is misleading and deceptive to advertise, or permit to be advertised, the price of a specifically identified prescription hearing aid, if more than one prescription hearing aid appears in the same advertisement, without an accompanying price.
(4) Contains a representation that a product innovation is new, when in fact the product was first offered by that manufacturer to the general public in Florida more than twelve (12) months ago.
(5) Contains a representation that a continuing education program is approved by the Board, if the content of the program departs from the content approved by the Board.
(6) Contains any representation, statement, or claim which is misleading or deceptive.
Rulemaking Authority 484.044 FS. Law Implemented 484.056(1)(f) FS. History-New 8-12-87, Amended 10-15-90, Formerly 21JJ-7.007, 61G9-7.00, Amended 11-16-04, 5-7-23.
(1) Contains a misrepresentation of facts.
(2) Contains false statements as to the licensee’s or trainee’s professional achievements, degrees, trained skills, and qualifications in the hearing aid specialist profession.
(3) Is misleading or deceptive because its content or the context in which it is presented makes only a partial disclosure of relevant facts.
(a) Specifically, it is misleading and deceptive to advertise a discounted price, without specifying the usual price for the product or services identified either in the advertisement or at the store or other location where sales of product or services take place.
(b) Furthermore, it is misleading and deceptive to advertise, or permit to be advertised, the price of a specifically identified prescription hearing aid, if more than one prescription hearing aid appears in the same advertisement, without an accompanying price.
(4) Contains a representation that a product innovation is new, when in fact the product was first offered by that manufacturer to the general public in Florida more than twelve (12) months ago.
(5) Contains a representation that a continuing education program is approved by the Board, if the content of the program departs from the content approved by the Board.
(6) Contains any representation, statement, or claim which is misleading or deceptive.
Rulemaking Authority 484.044 FS. Law Implemented 484.056(1)(f) FS. History-New 8-12-87, Amended 10-15-90, Formerly 21JJ-7.007, 61G9-7.00, Amended 11-16-04, 5-7-23.