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Vistakon settles class action suit
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JACKSONVILLE, Fla. — Vistakon settled a class action lawsuit over the marketing of Acuvue and 1-Day Acuvue soft contact lenses. The suit involves allegations that Vistakon's marketing of Acuvue and 1-Day Acuvue lenses created the misleading impression among consumers that the less expensive 1-Day Acuvue lens was different from the Acuvue lens and should not be used for the same wear schedule as the Acuvue lens. In fact, both lenses are medically suitable for the same wear schedules. The suit did not question the quality or safety of the lenses.
The Superior Court of New Jersey, Camden County, preliminarily approved the settlement without ruling on the merits of either the plantiffs' claims or the defense claims.
Under the terms of the settlement, consumers who purchased Acuvue lenses between Jan. 1, 1995, and July 31, 2001, will be eligible to receive $3 in cash, $3 in credit towards future purchases of any Vistakon contact lenses over the next 2 years, and $1 toward the cost of an eye exam during a 2-year period for each box of Acuvue lenses purchased. In addition, for every box of Acuvue lenses purchased during 1994, consumers will receive $3 in credit towards contemporaneous or future purchases of any Vistakon contact lenses.
The preliminary settlement is subject to a fairness hearing, scheduled for Oct. 25, and final court approval.
Vistakon is a division of Johnson & Johnson (NYSE: JNJ). Johnson & Johnson initially agreed to settle the suit in April.