Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FTC issues warning letters to contact lens prescribers and sellers, (Apr 7, 2016)

By Michael Menzhuber, J.D., LL.M.

The FTC has sent 45 letters to contact lens prescribers and 10 letters to contact lens sellers warning them of potential violations of the FTC’s Contact Lens Rule, the agency announced today.

The letters warn that violations of the Rule may result in legal action, including civil penalties of up to $16,000 per violation. A copy of the Rule was provided along with the letters, as well as guidance on contact lens prescribers’ and sellers’ obligations under the Rule.

The intention of the Rule is to facilitate the ability of consumers to comparison shop for contact lenses, while ensuring that sales occur only in accordance with a valid prescription. Prescribers are required to give patients their prescription after they fit them for contact lenses. They are also prohibited from: (1) charging additional fees for releasing the prescription; and (2) obligating a patient to either buy contact lenses from them or to sign a waiver before releasing the prescription.

The Rule also provides that sellers: (1) may provide contact lenses only after obtaining a copy of a valid prescription or, alternatively, verifying the prescription with another seller; (2) may not dispense contact lenses using an expired prescription; and (3) may only substitute contact lenses under certain conditions, as specified in the Rule.

The Contact Lens Rule was issued by the FTC in 2004 to implement the Fairness to Contact Lens Consumers Act, which requires prescribers to release contact lens prescriptions to patients and require sellers of contact lenses to verify prescriptions with prescribers.

News: ConsumerProtection FederalTradeCommissionNews