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States sue contact lens firms, industry groups, optometrists
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BROOKLYN, N.Y. — A civil suit filed on behalf of 22 states by New York district attorney Dennis C. Vacco accuses certain optometrists and contact lens manufacturers of conspiring to limit the availability of contact lenses to consumers.
The suit, filed Dec. 19 in federal court here, alleges that Bausch & Lomb, Ciba Vision and Vistakon, a subsidiary of Johnson & Johnson; eight optometrists; and industry-related organizations, including the American Optometric Association (AOA), conspired to restrict access to contact lenses, resulting in higher consumer prices.
The suit alleges that the optometrists successfully pressured the manufacturers to join two conspiracies. The first allegedly sought to limit consumer access to contact lens prescriptions, and the second allegedly involved an effort by optometrists to limit the supply of contact lenses to alternative outlets.
The AOA published a statement in its monthly newspaper, the AOA News saying it was "shocked" by the suit and is "confident that the association and its representatives will be found innocent of the charges brought against it."
The organization said the suit is "not well founded," citing the fact that two similar suits in Tennessee and Texas were dismissed by state courts.
The contact lens companies have also released statements, saying, in general, that the suit is not only unwarranted, but is redundant because of previous litigation.
Ciba Vision said it was "dismayed" by the fact that it was named in the suit, particularly because similar allegations were investigated in a Florida case that found Ciba had not violated any antitrust laws. The company said the Florida attorney general determined that Ciba's conduct "differed significantly" from other manufacturers. Ciba also said it will "vigorously defend any and all actions regarding our sales practices."
Bausch & Lomb said the suit "is both contrary to the best interests of consumers and a waste of taxpayers' resources." The company said contact lenses are regulated medical devices available only by prescription, and the use of mail-order or "other unauthorized channels" prevents the assurance of proper patient follow-up.
Johnson & Johnson stated that the "lawsuit is without merit," and that the company stands by its policy of distributing lenses only to licensed eye care professionals who fit contact lenses on their premises. The company said the policy was adopted to ensure marketplace acceptance of its products, as well as "to ensure optimum eye health for the wearers of our contact lenses."
For Your Information: The companies mentioned in this article have public relations contacts at the following:
- Ciba Vision: Karen Handel, (770) 418-3655.
- Johnson & Johnson: Jeffrey Leebaw, One Johnson & Johnson Plaza, New Brunswick, NJ 08933; (908) 524-3350.
- Bausch & Lomb: Meg Graham-Smith, (800) 344-8815, Ext. 8252.
- The New York District Attorney's Office can be contacted at The Capitol, Albany, NY 12224.
- The American Optometric Association can be contacted at 243 Lindbergh Blvd., St. Louis, MO 63141-7881; (314) 991-4100.