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The Advertising Standards Authority has ruled against Optical Express over two emails and an internet banner for laser eye surgery which it considered likely to mislead.

Five complainants to the advertising watchdog objected that the claim 'Win free laser eye surgery' was misleading because participants had to book and pay for surgery before being entered in the draw.

Optical Express said the ads merely stated free treatment could be obtained as a result of winning the competition and that consumers could view full details of the competition by clicking through to its website. It argued that consumers would not be misled as the main text said: 'Every month, one lucky patient wins back the cost of their life changing eye surgery at Optical Express! Just fill out the enquiry form on the right-hand side of the screen and tick the "Win free treatment!" box. Providing you book your surgery before the end of the month you will be entered into our exclusive competition to win free treatment.'

The company did not believe the ads breached the Committe of Advertising Practice code, but it was prepared to change the wording to say that to participate in the competition consumers must first have booked laser eye surgery.

The ASA said none of the ads made it clear participants must book eye surgery before entering the competition, that the offer was a prize draw, not a competition and that the entry requirements were significant conditions likely to affect consumers' interest in the promotion and should have featured prominently in the ads.

'Because the ads did not make clear the promotional prize was to win back the cost of eye surgery to which the participant had already committed, we considered they were likely to mislead.'

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