1-800 and CooperVision Clash over Contact Lens Legislation

Optometric Management, May 2006

MANUFACTURER LAUNCHES LOBBYING CAMPAIGN

1-800 Contacts and CooperVision are at odds over the Contact Lens Consumer Protection Act (S. 2480), a federal bill that would require contact lens manufacturers to make lenses "available in a commercially reasonable manner" to mail order and Internet retailers, pharmacies, buying clubs, department stores or mass-merchandise outlets. GP, keratoconus, ortho-k and custom lenses would be exempt. Manufacturers that don't comply would be subject to civil action or injunction.

"Exclusive lenses undermine the intent of the FCLCA (Fairness to Contact Lens Consumer Act of 2003) by restricting the right of the consumer to choose where she fills her prescription," says Kevin McCallum, senior vice president of marketing and sales for 1-800, a supporter of the bill. "Marketing lenses based on their restrictive distribution policies rather than the medical merits is a blatant attempt by the manufacturer to tempt doctors to compromise their professional judgment," he says. He also says an investigation by the State Attorneys General concluded, "easier access to, and lower prices for, replacement lenses should encourage consumers to wear and use the lenses properly, thereby increasing patient safety."

CooperVision has launched a lobbying campaign against the bill. The manufacturer argues that current distribution policies do benefit the consumer and that the proposed legislation could force manufacturers to sell lenses to any business entity, including those such as gas stations. "There is no indication that (with the FCLCA) Congress intended to force manufacturers to sell their contact lenses without discrimination to all potential distributors," says Jeff McClean, president of CooperVision. "In an analysis presented to the Appropriation Subcommittee on Agriculture, Rural Development, FDA, and related Agencies (Oct. 2005), two former FTC officials concluded that the proposed amendment put forth by 1-800 would likely reduce competition among sellers of contact lenses and ultimately harm consumers."

A vote on the legislation had not yet been scheduled at press time.