The FTC and the FDA share jurisdiction over refractive surgery advertising. In general, the FTC is responsible for protecting consumers against false or misleading advertising and other deceptive trade practices. The FDA regulates drugs and medical devices, including the advertising or labeling of devices such as the excimer laser. Although the FDA does not regulate physicians' off-label uses of medical devices, it does have jurisdiction over physician advertising of such devices. According to the FTC, an advertisement is deceptive under the Federal Trade Commission Act if it contains a material representation or omission of fact that is likely to mislead consumers acting reasonably under the circumstances.
Advertisers are also responsible for claims that are reasonably implied from their statements.
These rules apply to all advertisements, including consumer testimonials. In addition, advertisers must be able to substantiate all objective claims they make about a product or service. In particular, claims that convey an inaccurate impression about the safety, efficacy, success or other benefits of any form of refractive surgery would raise deception concerns. The FTC has also adopted guidelines concerning use of endorsements and testimonials in advertising. Testimonials may not contain deceptive representations or representations that cannot be substantiated directly by the advertiser.