Ocular Sciences Lawsuit Against Canadian E-Retailers

[Joann Raytar]

Three Internet CL Retailers Settle in Ocular Suit CONCORD, Calif., April 22,2002 —Three Internet contact-lens retailers have agreed to a court order prohibiting them from purchasing, distributing, marketing, advertising, or selling any of Ocular Sciences' products.
1-0-1Contact.com, iwearcontacts.com, and contactlenses4u.com have also agreed not to use any Ocular trademarks, and from representing or suggesting that "products sold originate from, or are associated, affiliated, or sponsored by Ocular," and from shipping other companies' products in substitution of Ocular products. The three must also remove all references to Ocular and its products from their Web Sites under terms of the settlement. Ocular filed suit against the three Internet providers and the Web site registrants, Crystal Vision and I Wear Contacts, in U.S. District Court for the northern district of California in January. Ocular will continue its policy of marketing directly to eyecare practitioners and to actively enforce that position, according to Steve Fanning, president/CEO

I understand that all of the Internet Providers in the suit were Canadian companies. I wonder why the difference in attitude concerning Canadian e-retailers versus companies here in the US. What are the Canadian laws controlling the distribution of contact lenses, anyone know?

[John R]

Well you are not supposed to sell contacts online in the Uk but there are sites that do.
Seems strange that they are canidian companies but the case was brought in California, as a rule for the internet cases are brought where the company is.
This could be one of two things they host their web servers in california or they are satalite companies of someone else based in california.
Maybe they have been using Ocular trademarks while not selling their products?
Could this be the start of big brother usa trying to stamp out internet retail based in other contries..

[Tim Hunter]

I'm surprised the US were able to impose their regulations on a foreign Internet site, although maybe as John said it was trading in Canada but based in US.

The law is unworkable here in the UK on internet supply of contact lenses. Not enough money available to the regulatory bodies to bring legal action and many sales from foreign countries (US included) which are difficult to prosecute.

To be brutal if you are foolish enough to purchase your contact lenses over the internet without making sure you have appropriate aftercare support you deserve all you get.

"Caveat Emptor" or as I prefer "Evolution in action"

[John R]

I seem to remember a few years ago some company being taken to court or what ever here in the UK for contacts by mail order. I'm sure he lost his case.
There are plenty of online contact stores here in the UK even SpecSavers sell online now..

[Tim Hunter]

John

yoiu're right the General optical Council took them to court and the Optometrist and his business partner were found guilty of breaching the law on contact lens sales and fined . The optometrist paid and is still practising the business chap nipped over to holland and is running a lens order business from there and the GOC still hasn't recovered it's costs!