May 14, 2015
1 min read
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Alcon will appeal Utah UPP law

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Alcon announced in a press release that it plans to appeal the decision of the U.S. District Court allowing the enactment of a law prohibiting unilateral pricing policies for contact lenses in Utah.

Alcon believes that by removing a contact lens manufacturer’s right to establish a reasonable base price, the state of Utah has violated the Commerce Clause of the U.S. Constitution,” the company said in a press release. “It has enacted a law that controls activity out of state and interferes with programs and practices that benefit patients, eye care professionals and the marketplace for vision care products.”

The company said it believes Utah state law SB 169 will reduce patient access to new technologies. Alcon said it implemented a limited unilateral pricing policy (UPP) because new contact lens technologies require extra time and effort for fitting, prescribing and follow-up care.

Alcon stated that it will modify its UPP to the extent required to avoid any potential conflict with the law in Utah.