Appeals Court Extends Deadline for Utah State Attorneys in Contact Lens Pricing

[Chris Ryser]

Appeals Court Extends Deadline for Utah State Attorneys in Contact Lens Pricing Battle

An appeals court has extended the deadline Utah state attorneys have to reply in a lawsuit that three major contact lens manufacturers have filed against a Utah law that prevents contact lens manufacturers from establishing minimum prices on certain products.


On Friday, July 10, 2015, the 10th Circuit Court of Appeals in Denver granted a request from the Utah Attorney General’s office to extend the deadline state attorneys have to respond in a case brought against the state’s Contact Lens Consumer Protection Act by Alcon, Johnson & Johnson Vision Care and Bausch + Lomb. With the deadline extended by six days, Utah state attorneys now have until tomorrow to file their response.


The contested law prevents contact lens manufacturers from requiring all contact lens distributors to adhere to Unilateral Pricing Policies (UPP) that establish minimum retail prices. While the state of Utah defends the law, the contact lens manufacturers contend that the law violates the Commerce Clause of the U.S. Constitution and opposes U.S. Supreme Court precedent.


The contact lens manufacturers are appealing a decision from U.S. District Judge Dee Benson for the District of Utah, who ruled May 11, 2015, that the Utah law is a legal antitrust measure.

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[Uilleann]

The level of political corruption in this state is nothing short of staggering. The push back on the hill from 1800 contacts and their very very well paid lobbyists has been fierce, and their political contributions to the re-election funds of numerous politicians free and fast.

It's a sight to behold...