By Randy Hutchison
President of the BBB of the Mid-South
Re-printed from The Daily Memphian
Buying your contact lenses from the eyecare professional who prescribed them may be a great option, but you’re not required to. However, you need to be sure whomever you buy them from fulfills your prescription in a safe and legal manner. The FTC recently settled charges with an online seller of contact lenses that didn’t.
The FTC’s Contact Lens Rule (CLR) requires prescribers to provide copies of prescriptions automatically – that is, the patient shouldn’t have to ask for it – and at no extra charge. They cannot require that patients buy the lenses from them.
Sellers of contact lenses also have obligations under the CLR. The seller must obtain a copy of the prescription or verify it with the prescriber. If the seller makes a valid verification request and doesn’t hear back from the prescriber within eight business hours, it can fill the order. The CLR also prohibits altering the prescription or substituting another brand of lens unless a manufacturer offers a generic or store brand of the same lens.
Vision Path sells Hubble contact lenses through an online subscription model. Consumers receive an initial shipment by paying a shipping and handling fee and then replacements on a monthly basis for $39 plus shipping and handling. The company promotes its products through TV commercials and social media.
The FTC alleged that Hubble violated numerous provisions of the CLR, as well as the FTC Act that prohibits deceptive practices. It said that Hubble didn’t ask for copies of prescriptions, which in part allowed it to sell consumers its own brand rather than what was prescribed. It either didn’t make the required verification calls or made them in a manner that made it almost impossible for the prescriber to respond. For example, it left messages in a garbled robotic voice that was hard to understand or played the verification message while on hold.
In its own customer surveys, Hubble found that people were canceling their orders because Hubble didn’t provide the right kind of lenses, the lenses were uncomfortable, or they couldn’t see out of the lenses. Customers have complained to the BBB that they were signed up for the subscription service without their consent.
The FTC also said Hubble attempted to counter negative publicity by filing fake positive reviews on its products. In other cases, Hubble didn’t disclose that reviewers were compensated with free contact lenses.
Wearing improperly fitted contact lenses can cause a host of serious problems, including eye sores and scratches, conjunctivitis (pink-eye), and even blindness. Don’t buy lenses from a company that doesn’t ask for or verify your prescription. That includes cosmetic contact lenses designed to change the color or appearance of your eyes for theatrical or other purposes; the FDA considers them to be medical devices that require a prescription.