Creators Syndicate

FIGHT BACK!  BY DAVID HOROWITZ 

Rip-Off on Contact Lenses? 

        Twelve million Americans wear contact lenses. And,  according
to some consumer-protection agencies, they're  paying way too much for
them. 
        The attorney general of Florida recently filed suit in  federal
court, accusing the nation's two largest contact-lens  manufacturers,
Bausch & Lomb and Johnson & Johnson, of  conspiring with optometrists
to violate state and federal  anti-trust laws and Florida
consumer-protection laws.  According to the lawsuit, the companies have
kept the price  of contact lenses artificially high by refusing to
allow  their lenses to be sold at a discount through retail stores, 
pharmacies and mail-order houses. 
        State investigators say the problem began in 1989, a  year
after Johnson & Johnson first introduced disposable  contact lenses. In
their lawsuit, they allege that the two  lens makers met with
optometrists and their representatives  and agreed to stop or limit
sales of replacement lenses  through anyone other than eye-care
professionals. The effect  of that policy, they say, was to keep prices
artificially  high -- not only in Florida, but all over the country.
The  attorney general's suit also names nine optometrists and two 
professional organizations as defendants. 
        Johnson & Johnson and Bausch & Lomb strongly deny any  sort of
price-fixing conspiracy. A spokeswoman for Bausch &  Lomb said that if
Florida authorities had their way, contact  lenses would be for sale at
every drug store, gas station and  amusement park in the state. Johnson
& Johnson defends its  policy of selling only through licensed
providers as being  solely for the protection of their customers'
vision. Both  companies say they will fight the state's lawsuit in the 
courts. 
        There's a lot of money at stake in this action. Sales of 
contact lenses amount to $1.8 billion a year in this country.  In
addition, the Florida suit is asking for triple damages --  plus
penalties of $1 million against each company and  $100,000 against each
individual defendant. *** 
        Another interesting investigation in California recently 
turned up a different type of overpricing in contact-lens  sales. An
optometrist in Ventura found that three different  Bausch & Lomb lenses
were actually the same lens in different  boxes. And yet, they all sold
for vastly different prices,  depending on how often they're supposed
to be changed. 
        The contacts that are supposed to be changed once a year  sold
for $70 a pair. Lenses that are changed monthly cost $15  a pair, while
those that are changed each week cost only $8 a  pair. But, according
to the Ventura County district  attorney's office, the lenses
themselves are all identical.  There was no difference between the $8
contacts and the $70  ones but the package, the price and the
recommended  replacement period. 
        But there's not much local authorities can do about  that. The
Food and Drug Administration has sole jurisdiction  over contact
lenses, and the FDA regulates their quality, not  their price. 
        Bausch & Lomb says it's simply a volume discount. People  who
replace their lenses more often get a break on the price.  Besides, the
company says it doesn't set retail prices on  contacts. That's up to
the optometrist. 
        So, before you buy your next pair of disposable lenses,  check
with your optometrist, and make sure you're getting the  best deal for
your money. 
        If you have any questions or comments, please write to  David
Horowitz in the Consumer Forum+ (go FIGHTBACK). COPYRIGHT 1994 CREATORS
SYNDICATE, INC.