The FTC is responsible for protecting consumers against false or misleading advertising and other deceptive trade practices. According to the FTC, an advertisement is deceptive 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 also apply to testimonials. In addition, advertisers must be able to substantiate all objective claims they make about a product or service. While most LASIK advertisements meet these minimum standards, much does not.

In reviewing a sample of problem ads, Koch said many mislead patients, create unreasonable expectations - especially those that suggest patients can "throw away their glasses" - and employ bait-and-switch tactics. Koch and other panelists, for example, criticized "price point ads" (those that offer LASIK for $299, $499, etc.) as examples of bait-and-switch tactics. The fine print reveals that such surgery is only offered on an old machine, does not include follow-up care, or is available only to patients that meet very narrow criteria, Koch said.

News reporters, when writing about LASIK, frequently question the ethics of such advertising. And industry observers note that such ads may have certain undesirable effects.

If the FTC stringently and consistently enforced its regulations, it would be easier for professional societies to do their job of encouraging physicians to improve the quality of information made available to patients and to elevate the tone of medical advertising, Koch said. Advertising can help patients enhance their health by making them aware of options in the marketplace while also promoting a physician or practice. The FTC should enforce the law and medical societies should encourage their members to improve content and elevate the tone of their advertising, he said.

The "Kiss a Pig and Win Free LASIK" advertisement is an example of everything that can be wrong in advertising. While the physician who donated the procedure was probably trying to support a community fund-raising project, the ad did not educate consumers about the benefits of LASIK, nor did it extol the physician's skills or expertise. Instead, it associated LASIK with something that is trivial and frivolous, it denigrated the physicians, and it probably irritated the pig, one panelist said.

The FTC states that its hearings seek to find a consensus on broad policy questions before developing recommendations. Background information on the hearings as well as testimony and presentations can be viewed at http://www.ftc.gov/ogc/healthcarehearings/index.htm.