Iclear Vision Contact Lens Specialists, Inc.

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IN THE ~L\TTER OF ICLEAR VISION CONTACT LENS SPECIALISTS, INC. ET AL.

CONSENT ORDER, ETC., IN REGAPill TO THE ALLEGED VIOLATION OF THE FEDERAL TRADE CO)BnSSION ACT Docket 7010. Complaint, Dec. 1957-Dccision, MU1! 24, 1958 Consent order requiring a manufacturer of contact lenses in Xew York City, to CE'ase representing falsely in advertisements in nmn;papers, circulars. pamphlets etc" that all persons could successfully wear its contact lenses which would never cause irritation or discomfort, would completely replace eyeglasses and were substitute for bifocals, would correct all defects in vision, would stay in place under all conditions, and differed froll other lenses in that they permitted air and tears to bathe the cornea.

illi'. F1'edericX: ill cil1 anus for the Commission. 1111' Joel J. 1Veiner of Nevi' York, N. , for the respondents. INITIAL DECISION BY ,VILLIA)I L. PACK. I-1I~ARING EXAl\IINER The complaint in this matt-er charges the respondents ,,-ith misrepresenting contact lenses sold by them, in violation of the Federal Trade Commission Act. An agreement has now been entereel into by respondents and counsel supporting the complaint ,,'which provides among other things, that respondents admit an of the jurisdictional allegations in the complaint; that the record on ,,-hieh the initial decision and the deeision of the Commission shall be. based shall consist solely of the complaint and agreement; that the inclusion of findings of fact and eonelusions of Jaw in the decision disposing of this matter is waived, together with any further procedura.1 steps before, the hearing examiner and the Commission; that the order hereinafter set forth may be entered in disposition of the proceeding, such order to hate the same force and effect as if entered after a full hearing, respondents specific.aJIy waiving any and all rights to elmllenge or contest the. validity of sneh order; that the order may be altered, modified, or set aside in the, manner provided for other orders of the Commission; that the c.complaint may be used in c:nnstruing the terms of the order; and that the agreement is for settlement purposes only and does not constitute an admission by respondents that they have violated the law as alleged in the. complaint.

KLEAR VISION CONTACT LENS SPECIALISTS, INC. , ET AL. 1679 1678 Order The hearing examiner IHlying considered the agreement and proposed order and being of the opinion that they provide an adequate basis for appropriate disposition of the proceeding, the agreement is hereby accepted, the following jurisdictional findings made, and the follo\ving order issued:

1. Respondent ICIeaI' Vision Contact Lens Specialists, Inc., is a corporation organized, existing, and doing business lmder and by virtue of the laws of the State of New York. R.respondents La"Tence Lewison and Shirley Lewison are officers of said corporate respondent. The office and principal place of business of all respondents is locnte,d at 7 ~Vest44th Street, New York, N.

2. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

miller 1 It is 01Ylered That respondents, Klear Vision Contact Lens Specialists, Inc., a corporation, and its officers, and Ln\\rence Lewison and Shirley Lewison, individually and as officers of said corporation, their representatives, agents and employees, directly or through any Corporate or other device, in connection with the sale of contact lens, do forth ,,'ith cease and desist from directly or indirectly: 1. Disseminating or causing to be chsseminated nny advertisement by means of the U.S. mails or by any means in commerce, as "commerce" is defined in the Federal Trade Commission Act, which advertisement represents directly, indirectly, or by implication that: (n) All persons in need of visual correction can snccessfl1I1y 'went' respondents' contact lenses;

(b) There is never irritation or discomfort from ,yearing respondents' lenses;

(c) All persons can wear respondents' lenses all day without discomfort; or that any person can "-ear respondents' lenses an day without discomfort except niter that person has become fully adjusted thereto;

(d) Eyeglasses can always be discarded upon the purchase of respondents' lenses;

(e) Respondents' contact lenses wii1 eoned defects in vision in all eases ,,-which require bifocal lenses;

(f) Respondents' contact lenses ,,- ill corrrect all defects in vision; (g) Hespondents ' contact lenses "\Till stay in place under aji conditions;

1 Order publi!;hel as modified by commhsion ,order of ::'.Jar. 23, 1960, Decision 54 F.

(h) Respondents' contact lenses are different than other fiuidless contact lenses in that they permit air and tears to bathe the cornea. 2. Disseminating or causing to be disseminated any advertisement by any means, for the purpose of inducing, or ,which is likely to induce, directly or indirectly, the purchase in commerce, as "commerce is defined in the Federal Trade Commission Act, of said contact lens which advertisement contains any of the representations prohibited in paragraph 1 hereof.

DECISION OF THE col\BIISSION AXD Or..DER TO FILE REPORT OF COJIPLIAXCE Pursuant to section 3.21 of the Commission s rules of practice, the initial decision of the hearing examiner did, on the 24th day of ~Iay 1958, become the decision of the Commission; and, accordingly: 1 t is ordered That respondents herein shall, within sixty (60) days after service upon them of this order, file with the Commission a report in writing setting forth in detail the manner and form in which they have complied with the order to cease and desist. WYBRANT SYSTEM PRODUCTS CORP. ET AL. 1681 Decision