Is it admissible to display eyeglasses prices in optical store windows in Italy?

Healthcare advertising is a complex field, where it is necessary to mediate between the effective promotion of a product and a correct and appropriate communication, in accordance with the existing legal framework.

With respect to eyeglasses, it should be noted that Art. 21 of the Italian Legislative Decree 46/1997 states that "public advertising of devices that, according to provisions adopted by decree of the Minister of Health, may be sold only on medical prescription or may be used with the assistance of a doctor or another health professional, is prohibited".

Since eyeglasses are custom-made devices - which are made based on a prescription for a specific patient - this type of advertising may be considered in breach of the abovementioned article.

In principle however, one could view this as advertising a type of product, ie considering eyeglasses not as a device made for a specific subject, but as a type of product. This does not seem to be prohibited, but it may difficult to indicate the price of an object that is composed of two parts (frame and lenses), whose individual cost may vary depending on the brand, model or type of lens. In essence, if an optical shop places an ad that says "buy new eyeglasses for €250" it means that all the eyeglasses sold by that optician - regardless of the frame brand and the type of lens – will have to cost €250. If this is not the case (which is very likely), it may be considered misleading advertising.

Instead, the price of the frame and/ or the price of the lenses is easier (and safer) to advertise. In this respect, attention must be paid to the advertising message being used.

This is because false advertising is not only an ad that provides incorrect information, but also a commercial message that is incomplete and therefore misleading. Here is an example.

Suppose that an optician decides to advertise frames (or lenses) and indicates their price in the shop window: is it correct to generically write "eyeglasses frames for €100"? If the customer actually spends no more than €100 for the frame, whatever type of frame she/he may prefer, it is fair advertising.

If, however, only some of the frames cost €100 (and for example, the price increases for certain frame brands), or the promotion is subject to specific conditions, these conditions must be somehow anticipated or explained in the advertising message. The new advertising message could therefore be as follows: "frames by brand X, Y and Z for €100".

In conclusion, it is important that the advertising message is clear and complete from the first moment in which the possible customer sees it. This is because the potential customer, once having been "hooked" by the ad and having entered the shop to ask for information, may somehow be convinced to make the purchase, even at end conditions other than those advertised.