Vision Direct website removes FCLCA claims after AOA, BBB challenge

Called to account for misleading claims that its online contact lens sales “operate in line with” U.S. market laws, Vision Direct drops key website language as the AOA continues to press market bad actors.

On April 13, the National Advertising Division (NAD) of the Better Business Bureau (BBB) announced the resolution of a Fast-Track SWIFT case opened against Vision Direct after the U.K.-based retailer acknowledged it had “voluntarily and permanently” taken down website language that claimed the company “operate[s] in line with the Fairness to Contact Lens Consumers Act (FCLCA).” Vision Direct also affirmed that it would permanently discontinue use of that language going forward, NAD notes, after the AOA successfully initiated the division’s expedited advertising dispute process in March.

As part of that Fast-Track SWIFT challenge, the AOA argued Vision Direct does not “operate in line with” the FCLCA as the retailer fails to verify consumers’ prescriptions as outlined by the Contact Lens Rule.

The AOA also provided evidence of Vision Direct’s noncompliance with the Contact Lens Rule in the company’s own checkout process whereby customers are given an option to “confirm” their prescription details or upload a prescription. Under the Contact Lens Rule, consumers cannot simply “confirm” their prescription; instead, the seller must verify those details with the prescribing doctor if a complete prescription is not presented by the customer. What’s more, the AOA cited evidence of an AOA member doctor who purchased contact lenses from Vision Direct sans prescription in March 2021.

“Accordingly, Vision Direct does not ‘operate in line with’ the FCLCA as it advertises on its website,” the Fast-Track SWIFT challenge notes.

Although Vision Direct did remove the misleading language from its website, the AOA reiterates there is still more work to be done to ensure retailers don’t evade the FCLCA and Contact Lens Rule. But recent developments show the AOA’s advocacy is bringing about results.

Eyes on direct-to-consumer (DTC) retailers

In January, the Department of Justice (DOJ) and Federal Trade Commission (FTC) announced a $3.5 million penalty, as well as a bevy of requirements and restrictions, against the online contact lens seller, Hubble Contacts (Vision Path, Inc.), to settle a federal complaint that it deceived customers and “flouted” consumer protections. The result reflected a sustained, years-long effort by the AOA, state affiliates and member doctors nationwide to gather and report on patient health and safety threats posed by unscrupulous contact lens sellers.

“The federal government’s investigation and enforcement action against Hubble Contacts is absolutely warranted and reinforces the concerns AOA and doctors have consistently asserted with federal agencies, legislators and the media since the company’s inception,” noted AOA President Robert C. Layman, O.D., in January. “On behalf of doctors of optometry and our patients, the AOA will continue to work with government officials to hold illegal medical device sellers fully accountable.”

In the case of Hubble Contacts, a federal complaint alleged the retailer sold contact lenses online without verifying customers’ prescriptions; substituted its own brand of lenses for those originally prescribed by customers’ eye doctors; and falsely represented that it obtained independent consumer reviews of its products and services when, in fact, the company compensated for favorable reviews and included reviews from its own employees.

Since 2017, the AOA had kept federal authorities apprised of suspected violations to the FCLCA and Contact Lens Rule, including a detailed list of doctor-reported instances of alleged violations involving Hubble Contacts. In addition to drawing nationwide media attention to the direct-to-consumer (DTC) online contact lens vendor’s scheme, the AOA’s reports helped continue a broader conversation on the need for greater enforcement against these sellers.

Earlier this year, the Government Accountability Office agreed to take up a Congressional call to review the federal regulation of DTC advertising practices for prescription medical devices, including contact lenses. The action was supported by nearly two dozen leading members of Congress with the support of the AOA and a coalition of consumer and health care organizations.

Support the AOA’s contact lens advocacy

Contact lenses are a safe, effective vision correction option when worn and cared for properly. However, poorly fitting or improperly used contact lenses can result in serious eye health and vision complications, which is why these U.S. Food and Drug Administration (FDA)-regulated medical devices require the oversight of an eye doctor as outlined by the FCLCA and Contact Lens Rule.

The AOA takes seriously its mission not only serving as a reliable public resource on issues affecting Americans’ eye health and vision care but also helping doctors safeguard their patients’ eyesight. In addition, the AOA regularly meets with federal officials to urge that more be done to crack down on dishonest internet and unconventional DTC sellers—and these efforts are always informed and bolstered by reports the AOA receives from doctors nationwide.

Better documentation of illegal contact lens sales helps the AOA build a case for increased enforcement by federal regulators, such as the FTC, DOJ and FDA. Here’s how doctors can report illegal sales or adverse events related to contact lenses:

• Report unlawful sales of medical products on the internet.
• Report suspicious business practices with the FTC complaint assistant.
• Report adverse reactions or problems with contact lenses.

Additionally, doctors are encouraged to complete and share this survey with the AOA on illegal and unsafe contact lenses or business practices. Your reports can help the AOA better advocate for improved laws and regulations that better protect patients.

Direct questions or requests for more information to StopIllegalCLs@aoa.org. Interested in taking an even more direct role in combatting illegal contact lens sales? Consider joining the AOA Contact Lens and Cornea Section.