August 21, 2007
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Bausch & Lomb and Alcon settle advertising lawsuit

Bausch & Lomb and Alcon have settled the lawsuit that Bausch & Lomb recently filed concerning promotional claims made by Alcon regarding Bausch & Lomb's ReNu MultiPlus multipurpose disinfecting contact lens solution, according to a press release from Bausch & Lomb.

The lawsuit centered on Alcon's use of a color-coded chart showing differences in superficial punctate transient corneal staining profiles observed in research by Gary Andrasko, OD. Specifically, Bausch & Lomb was concerned over the red-yellow color scheme used in the corneal staining grid. To address the concern, Alcon has agreed to change the color scheme used in its promotional materials, according to the release.

"The use of the color scheme in Alcon's materials was not intended to communicate that the lens-solution combinations designated red or yellow meant danger or caution, and was not meant to suggest an increased risk of corneal infection," the release said. "There are several factors that may contribute to the risk of corneal infection, and the parties acknowledge that there is no clinical evidence that the differences in corneal staining observed by Dr. Andrasko increase the risk of infection."

With the agreement, the lawsuit has been dismissed with prejudice and without any payment of damages from either party, according to the release.