Essilor/Clearly Injunction Update

[optio]

Sent by the COOptometrists today.

Dear Members,

I am pleased to update you that the application to seek an injunction preventing Essilor/Clearly from unlawfully dispensing prescription eyewear over the internet was successful. The College of Optometrists and the College of Opticians jointly filed the application in December 2016 and the matter was heard October 11, 2017. Justice Lederer delivered his decision January 11, 2018 in favour of the two regulatory colleges.

Although we are still reviewing the decision in detail, we are pleased that the court has agreed with the position of the colleges on the questions we brought forward. The two colleges are motivated by, and required by legislation to maintain, patient safety and the public interest. It is possible that the company may appeal the decision – that is their option. If the company does appeal, the colleges will continue to defend the public interest in court.

The colleges believe that the internet can be an effective tool for the provision of vision care, however the dispensing of corrective lenses is a controlled act, subject to Ontario legislation, that definitively requires a regulated health professional’s involvement. Mail order over the internet without the involvement of an optometrist or optician is inconsistent with legislation.

The role of the colleges is to regulate the practice of optometry and opticianry to maintain and enhance public safety. The colleges do not have any bias in the dispensing of corrective lenses, or where those lenses are dispensed, as long as legislation and regulations are respected and standards are met.

Regards, Dr. Paula Garshowitz Registrar

[optio]

Curious about your experiences WRT this.

I've kinda noticed that PD requests really haven't "picked up" in the way everyone expected to say 5 years ago. I get a PD request every few months. So maybe 3-4/year, tops. And I'd say that's even slightly down from say 2012-2013 (where I'd get maybe 6-7 requests/year).

Seems like there are those who want to get their glasses online, but it hasn't been a runaway train. Seems to me online glasses has basically plateaued.

[Quince]

I would agree.

I used to work at Eyemart and now I work for an independent. Eyemart's business use to be booming here. I'm talking a packed store all day everyday. Then people who bought there either had a bad customer experience or noticed a downgrade in quality and all those people trying to get the lowest price started coming back.

Nowadays, we have the same story but in regards to online purchases vs. discount stores.

Not too many inquires for PDs but more and more people will question why they or their friend/ loved one had such a bad experience from online glasses. It seems to be more of an openly discussed topic now instead of beating around the bush.

Not in Canada, but close enough maybe?

[jc17777]

I work at an Optometrist office and we do get P.D. requests but not very often. I feel like the people that took the biggest hits from online are the discount stores like Hakim, walmart ect.

[Chris Ryser]

Use our PDCapture technology to measure it for you, directions below.................




What is PD?

• Source:
  https://www.framesdirect.com/landing...u-need-pd.html

• Pupil distance can be expressed in two ways:
  • Binocular PD is the total distance between your pupils.
  • Monocular PD is the distance from the bridge of your nose to your pupil on each side. A monocular PD measurement will be two numbers.?? FramesDirect.com can use either of these measurements to custom-make your prescription lenses.
  
  
• Don't have a PD measurement? You can...
• Contact your optometrist or
• Use our PDCapture technology to measure it for you, directions below.

Source:

https://www.framesdirect.com/landing/a/do-you-need-pd.html

[optio]

I feel like the people that took the biggest hits from online are the discount stores like Hakim, walmart ect.

Honestly, this is counter-intuitive to me. People go to Walmart because prices there are cheap, or at least they are viewed as being inexpensive. If someone is on a budget, they'll either go online, or go to Walmart and get glasses for $60. If you're telling me they are opting to not spend $60 at WM, and instead, going online and paying $45, I'm pretty much going to disagree with you. Although you may argue that those who go online are going for the "cheapest price", I'm going to counter that those folks who don't have the means to pay >$200 for glasses, are probably not that tech-savvy, and are probably going to buy their glasses at WM.

I don't bundle Hakim and WM together as Hakim isn't actually particularly cheap, despite their reputation for being so. I'm pretty sure you're paying >$200 for SV in most cases.

[acesrwylde]

What is PD?

• Source
  https://www.framesdirect.com/landing...u-need-pd.html

• Pupil distance can be expressed in two ways:
  • Binocular PD is the total distance between your pupils.
  • Monocular PD is the distance from the bridge of your nose to your pupil on each side. A monocular PD measurement will be two numbers.?? FramesDirect.com can use either of these measurements to custom-make your prescription lenses.
  
  
• Don't have a PD measurement? You can...
• Contact your optometrist or
• Use our PDCapture technology to measure it for you, directions below.

Source:
https://www.framesdirect.com/landing...u-need-pd.html

I helped Beta test this system when they were developing it at framesdirect, it is highly accurate. We ran hundreds of PDs through this system and were usually within 1 mm from actual measured. You should see the things they were doing with seg heights as well.

P.s. I no longer work there, so please don't hate me

[Lab Insight]

It's so nice seeing the Colleges enjoying their group hug and atta-boys. Too bad its members have to pay the legals for this and the fact it's about 15 years too late. Now Clearly will simply appeal the decision and drag it out choking the Colleges out financially.

[idispense]

Did the transcript testimony admit to 700,000 pairs of eyewear being sold in Ontario since 2008 or is that incorrect ? If it's correct that's a lot of coin let
taken on top of legal costs.

[Chris Ryser]

P.s. I no longer work there, so please don't hate me ................................

I helped Beta test this system when they were developing it at framesdirect, it is highly accurate. We ran hundreds of PDs through this system and were usually within 1 mm from actual measured. You should see the things they were doing with seg heights as well.

P.s. I no longer work there, so please don't hate me

.............................you are now a converted sinner and we love you for it.

[Lab Insight]

.............................you are now a converted sinner and we love you for it.

bahahahaha...the first of many to follow and sing like canaries.

[Trina]

This is terrifying to me - if the seg heights and PD are accurate, then that's a huge percentage of people who will be happy with their online purchase.

[Chris Ryser]

This is terrifying to me - if the seg heights and PD are accurate ...................

This is terrifying to me - if the seg heights and PD are accurate, then that's a huge percentage of people who will be happy with their online purchase.

To bad you are not located in Ontario were they are now prohibited from selling online.

However I can not figure how they will enforce that judgement.

[Chris Ryser]

Essilor hit with online ban ..............................

Essilor hit with online ban
Author: Luke Haynes
Published: 19/01/20182

Essilor Canada and its retail portal Clearly have been banned from ‘unlawfully dispensing’ prescription eyewear on the internet in Ontario after two of the country’s regulatory establishments, the College of Optometrists and the College of Opticians,successfully applied for an injunction.

The regulatory colleges filed for the injunction in December 2016 and the matter was heard in October 2017, with a verdict reached last week.


In a statement, the Colleges said: ‘We believe the internet can be an effective tool for the provision of vision care, however, the dispensing of corrective lenses is a controlled act, subject to Ontario legislation, that definitely requires a regulated health professional’s involvement. Mail order over the internet without the involvement of an optometrist or optician is inconsistent with legislation.’

source:
https://www.opticianonline.net/news/...ith-online-ban

[idispense]

Did the judge, in his/her ruling give an example of how the offending parties websites might all be banned on a world wide basis by GOOGLE ? Why wasn’t done many years ago? When did it first came to light ?

What’s the award for legal costs ?

How many eyeglasses and contact lenses were dispensed in the offending period of time ?

What’s the penalty for illegally dispensing huge quantities deemed illegal by a judgement?

How does this penalty compare to what individual optometrists or opticians have paid for minor quantity infractions of this nature ?

How will the members of the 2 colleges be individually reimbursed for their losses ?