Attorney General's News Release

November 2, 2000

Consumers who paid too much for certain brands of contact lenses will be eligible for rebate, Nixon says

Jefferson City, Mo. — Missourians who paid too much for certain brands of replacement contact lenses because of an alleged price-fixing scheme will be eligible to receive a cash rebate under a proposed multistate settlement that has received preliminary court approval, Attorney General Jay Nixon announced today. The settlement would resolve antitrust lawsuits brought by Missouri, 31 other states and a national private consumer class against lens manufacturer CIBA Vision.

The lawsuits alleged that CIBA, together with lens makers Vistakon and Bausch & Lomb (B&L), conspired with the American Optometric Association (AOA) to keep the price of replacement lenses artificially high by making them available only through eye care professionals and not through outlets such as pharmacies, the Internet, mail order and by phone. Some of the more popular names of these companies' replacement lenses are Acuvue®, SeeQuence®, Focus® and NuVues®.The lawsuits also charged that these restrictions made it difficult for patients to obtain their prescriptions and other information needed to buy lenses from these alternative outlets.

If the CIBA settlement receives final approval by a federal court in Florida next February, consumers who bought replacement contact lenses made by Vistakon, B&L or CIBA since Jan. 1, 1988 would be eligible to receive a $35 rebate on the future purchase of certain CIBA replacement lenses. The settlement also would provide consumers with coupons for CIBA Vision products.

Contact lens wearers may either call a toll-free number (888-811-0385) or log on to a special website (www.contactlenssettlement.com) to register for the benefits package, to obtain further information, or to object to or opt out of the settlement. Consumers have until Jan. 31, 2001 to opt out of the lawsuits or the proposed settlement, to object to the proposed settlement, or to register for the benefits package.

In addition to the rebates and coupons, CIBA has agreed to a court order barring it for five years from changing its current policy of selling its lenses directly to pharmacies and mail order firms for resale to consumers.

The lawsuits against Vistakon, B&L, the AOA and several individual optometrists are continuing and a trial is scheduled for March 19, Nixon said. Vistakon and B&L continue to restrict distribution and the pending lawsuits seek to stop those restrictive policies.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818