Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Laser In-situ Keratomileusis (LASIK) is a laser eye treatment that involves the re-shaping of the cornea for astigmatism (the eye has a distorted shape causing blurred vision at all distances), short-sightedness and long-sightedness. In January 2002, the ASA ruled that, although the technology is sophisticated, it would be untrue to state or imply that no more advanced, accurate or safer treatment exists in the UK. The marketer did not prove that its laser produced a smoother corneal surface and better visual result than all other excimer lasers (a pulsating beam of ultraviolet light that vaporises corneal tissue to the depth and area required for vision correction) (Boots Opticians, 16 January 2002).
The success of LASIK as a treatment for eyesight problems depends on the thickness of each patient’s cornea. Although it can improve some cases of astigmatism, long-sightedness and short-sightedness within a broad range of prescriptions from -12 to +6 dioptres, LASIK is not guaranteed to provide a permanent solution to all eyesight problems and has not been proven as an effective treatment for conditions with more severe prescriptions (for example, – 13 dioptres or more) that would require patients to have exceptionally thick corneas to allow enough thickness to be left behind after treatment. Some LASIK patients will still have to wear glasses or contact lenses after treatment and presbyopia (the eye becoming gradually long-sighted as a result of ageing) will invariably mean that patients will need glasses in their middle age.
Marketers should not, therefore, state or imply that the procedure is permanent, suitable for all patients or all types of eye problems, that it is always successful or that the patient will never need glasses or contact lenses. For example, the ASA ruled against claims such as “Throw away your glasses or contact lenses. For good” and “solution for short sight, long sight and astigmatism” (Boots Opticians, 6 February 2002, and Optimax Laser Eye Clinics, 30 October 2002 and 3 March 2004). Marketers may claim the procedure “corrects” but not “cures” patients’ sight.
The Copy Advice team advises marketers against claims that laser surgery is completely safe or free from side effects: all medical procedures have some, albeit small, risk. We do, however, accept that laser eye surgery is a day procedure even though it often requires a recovery period.
In 2007, the ASA rejected a complaint that a promotion that offered laser eye surgery as a prize was irresponsible (Ultralase Ltd, 4 April 2007).
Last modified : 29 March 2012