Mid-South PCM Group, P.C

Text (OCR of the scan at left; may contain errors)

MIDSOUTH PCM GROUP, P.C., ET AL. 503

503 Complaint

IN THE MATTER OF

MID-SOUTH PCM GROUP, P.C., ET AL.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SECS. 5 AND 12 OF THE FEDERAL TRADE COMMISSION ACT

Docket C-3773. Complaint, November 5, 1997--Decision, November 5, 1997

This consent order prohibits, among other things, the Tennessee-based corporations and its officer from claiming that PCM ortho-k or any substantially similar service provides a cure for vision deficiencies; that all people can achieve normal vision without eyeglasses or contact lenses on a permanent basis if they wear devices used with such services occasionally or at night; that the four academic studies prove PCM ortho-k is safe and effective in correcting nearsightedness, farsightedness, and astigmatism; and that PCM ortho-k has been approved by the FAA and all branches of the military. In addition, the consent order requires reliable scientific evidence for any future success or efficacy claims.

Appearances

For the Commission: Christa Vecchi, Matthew Daynard and Dean Graybill.

For the respondents: John L. Ryder, Apperson, Grump, Duzane & Maxwell, Memphis, TN. and Michael Evangelisti, Black, Babango & Morgan, Memphis, TN.

COMPLAINT

The Federal Trade Commission, having reason to believe that Mid-South PCM Group, P.C., Eye and Vision Clinic, P.C., and International Computerized Orthokeratology Society, Inc., corporations, and J. Mason Hurt, O.D., individually and as an officer of the corporations ("respondents"), have violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges:

1. Respondent Mid-South PCM Group, P.C. ("Mid-South") is a corporation formed under the laws of the state of Tennessee, with its principal office or place of business located at 2865 Summer Oaks Drive, Bartlett, TN.

Complaint 124 F.T.C.

2. Respondent Eye and Vision Clinic, P.C. ("Vision Clinic") is a corporation formed under the laws of the state of Tennessee, with its principal office or place of business located at 2865 Summer Oaks Drive, Bartlett, TN.

3. Respondent International Computerized Orthokeratology Society, Inc. ("ICOKS") is a corporation formed under the laws of the state of Tennessee, with its principal office or place of business located at 2865 Summer Oaks Drive, Bartlett, TN.

4. Respondent J. Mason Hurt, O.D., is the sole owner and President of the corporate respondents. He formulates, directs, and controls the acts and practices of the corporate respondents, including the acts and practices alleged in this complaint. His principal office or place of business is the same as that of the corporate respondents.

5. Respondents are engaged, and have been engaged, in the promotion, offering for sale, sale, and distribution to the public of ophthalmic services, including orthokeratology ("ortho-k") or "Precise Corneal Molding" ("PCM") services, which involve the use of a series of contact lenses purportedly to reshape the cornea gradually for the treatment of myopia (or "nearsightedness"), hyperopia (or "farsightedness"), and astigmatism. The contact lenses used in these PCM ortho-k services are "devices," within the meaning of Sections 12 and 15 of the Federal Trade Commission Act.

6. The acts and practices of respondents alleged in this complaint have been in or affecting commerce, as "commerce" is defined in Section 4 of the Federal Trade Commission Act.

7. In the course and conduct of their business, respondents have disseminated or have caused to be disseminated advertisements or promotional materials for the purpose of promoting the sale of PCM ortho-k services. Respondents advertise and promote their services through the use of print advertisements, radio and television advertisements, internet advertisements, free consultations, videos, brochures, and pamphlets, which are provided to patients and prospective patients, and some of which are provided to other optometrists for distribution under their own name to patients and prospective patients. Respondents' advertisements and promotional materials include, but are not necessarily limited to, attached Exhibits A through H.

8. The advertisements and promotional materials referred to above, including but not necessarily limited to attached Exhibits A-H, contain the following statements:

MIDSOUTH PCM GROUP, P.C., ET AL. 505

503 Complaint

A. "21st Century Eyecare"

"Saturday 10 a.m. - 12 p.m. ET It sounds too good to be true -- a safe, non-surgical alternative to restore clear vision safely, gently, and permanently. In a modest departure from ordinary talk radio, Talk America will air a new program featuring an emerging national network of eye doctors who are performing a new, non-evasive (sic), non-surgical corrective vision procedure that reshapes the cornea, much lie (sic) braces straighten teeth. It's called 21st Century Eyecare.... Dr. J. Mason Hurt, a Memphis-based optometrist, has developed a revolutionary new corrective eye procedure called Precise Corneal Molding (PCM for short), that will soon render glasses and contact lens (sic) obsolete.... Precise Corneal Molding is the result of merging technology and physiology. PCM evolved from a procedure called ? orthokeratology,' clinically practiced for over thirty years. Orthokeratology involves reshaping the cornea by fitting patients with a series of special hard contact lenses, each having a slightly different curve. Orthokeratology was limited by the older technology of the lenses and the difficulty in precisely monitoring and controlling the reshaping process. Send Email Directly to Dr. Hurt and Sam Cooper." (Exhibit A) (Internet Ad) B. "Precise Corneal Molding (PCM):

Your Clearest Choice, Your Greatest Freedom" "....In many cases, just a matter of days to weeks frees the majority of the patients from their dependence upon eyeglasses or contacts during daytime hours. ....By slight modification in the shape of the cornea, clear functional vision may be restored to the individual. Recently several surgical procedures have been developed to attempt to accomplish the same purpose. However, their limited success has been due to the effects off (sic) scarring, irregular healing and most importantly, its temporary effect....In addition, the surgical scars cause surface irregularities on the cornea, resulting in permanent blurring that even glasses or contacts cannot eliminate. Molding avoids those complications since there is not injury to any eye tissue. The soft cornea simply reshapes itself to fill the mold. The mold is similar to a contact lens in its appearance and sensations upon wearing. The mold is worn while sleeping and/or while awake. The procedure takes just hours in mild cases to a few months in very difficult cases to reach good functional vision. The mold is worn regularly until the best vision is achieved and the cornea is allowed to stiffen in its new shape. At that point the mold wearing is gradually reduced until a minimal wear time is established that maintains that shape and good functional vision. This guarantees continued clarity without the gradual blurring that usually accompanies the surgery. Therefore, the cornea can easily be fine tuned the rest of ones (sic) life by minor modification in the retainer mold. ....PCM opens new horizons to everyone regardless of age, occupation, or ability to wear contact lenses in the past. PCM is safe, reliable and inexpensive. PCM gives you a cure, not a maintenance of your visual handicap...." (Exhibit B) (Patient Handout) C. "Precise Corneal Molding"

"....'I shifted from soft contact lenses to PCM and I can see 20/20 when I take them off!' -- T.K

Complaint 124 F.T.C.

'I have been through the program and I am very happy with the results. I'm taking my daughter in for Precise Corneal Molding, too!' -- A.S. .... COMPARE PCM is a safe, gentle, affordable, non-surgical alternative for wearers of glasses.

Surgery PCM Age as a limiting factor Yes No Reversibility No Yes Loss of work time Yes No Worsening of night vision Yes No FAA and military approval No Yes

What is PCM? Imagine being able to easily read an alarm clock without your glasses, see street signs clearly, or participate in sports without lenses of any kind.... ...Because the procedure is non-invasive, PCM has provided thousands of patients with better vision without the risks or complications of surgery. ...PCM utilizes a series of prescription eye molds to reshape the cornea much like orthodontists use braces to straighten teeth.... ...The benefits are realized in weeks or months, depending on the severity of vision problems. Retainer molds will be used on a limited basis to maintain the new shape of the cornea.

Since 1962, PCM and its predecessor, Orthokeratology, have been used to help pilots, athletes and others requiring unaided vision. Now, new research developments such as computerized corneal topography and new mold designs and materials have established PCM as the eye care trend of the future. The Safest Option In contrast to Radial Keratotomy and laser surgery, PCM does not require injury to the eye, resulting in glare-inducing scars. There is also no disruption of vision as eyesight improves.

PCM for Children One of the most exciting uses for PCM is controlling nearsightedness in children....PCM prevents deteriorating vision and even reverses it. Proven Safe Results PCM is highly effective in correcting nearsightedness, farsightedness and astigmatism....University research studies have shown corneal molding to be safe and effective. These studies include The University of Houston College of Optometry (5 years), University of California at San Diego Medical School (7 years), University of California at Berkeley College of Optometry (3 years), and Pacific University College of Optometry (5 years)." (Exhibit C) (Patient Handout) D. "Precise Corneal Molding"

JIM LINDSEY speaks as the words scroll down the screen: "Over 190 million men, women and children in America are lifetime victims of poor vision. Millions of Americans are chained to the use of glasses and contact lenses.... There is a solution today. If you are one of the 190 million Americans, this show is for you. Precise Corneal Molding, three words that will change the way you see the world, without glasses or contact lenses.

In the next 30 minutes, you will be introduced to a gentle, non-surgical, affordable procedure that will make glasses and contact lenses a thing of the past

MIDSOUTH PCM GROUP, P.C., ET AL. 507

503 Complaint

in your life....From 8 to 80, Precise Corneal Molding clearly is the medical eye care breakthrough of the century.

The gift of sight, a sense given to all human beings [spoken while the following is printed on screen: a gift given to nearly every human being at birth], yet more than 75 percent of Americans have vision disorders that require prescription glasses or contact lenses to correct. They do bring improved vision, but with every prescription change, the vision grows weaker and weaker, not stronger.

To eliminate vision disorders, surgical procedures have been developed and introduced but with limited results. In the 1960's, before the popularity of soft contact lenses, an ortho-keratology procedure was developed that could actually reshape the cornea of the eye and caused improved vision for a limited time.

The procedure was accepted by the FAA, a department of the Federal Government that regulates the airline industry....

In 1992, Dr. J. Mason Hurt, an optometrist, perfected a process called Precise Corneal Molding or PCM. With PCM, patients who had previously worn glasses or contact lenses were able to see without the use of either and without surgery. Here is why." DR. J. MASON HURT, O.D. (perfected P.C.M. process): "Corneal molding is very safe and effective, and I would like to show you why (standing in front of diagram of the eye). The cornea or the clear window that we see through is very soft and is subject to change. It changes its shape on a very regular basis....

The cornea wants to change shape. Now we just guide it to the shape we would like for it to have, and we do that by building a mold which will rest (draws on diagram) in the zone where we are having our shape problems, and we can reshape this cornea in a fashion very similar to wearing of contact lenses in a safe, nonsurgical, noninvasive technique that we call Precise Corneal Molding." STEVEN FENSLER, Computer Programmer: "....And for the past two years, I had been wearing reading glasses along with my contacts so that I could read pages, and then I was getting very tired. Been on molds for seven months, and I don't use my reading glasses anymore at all, either with my contacts or without them. I can see everything at work I want to see...." PEGGY COLLINS, College Coordinator: "You can see. It does correct your vision....There is no surgery, there is no blood....Just little contacts in your eyes, you sleep with them at night....I recommend it."... CONNIE BRADEN, Homemaker: "Scott [her son] had broken his glasses at school, and we came to get his eyes checked, and his eyes had gotten so bad in just a few months that I was told that he would have to have glasses changed every six months. So we started with the contacts, and within one week, he could see 20/20." CRAIG JARRELL, Oriental Rug Sales: "For anyone that has problems seeing, I would recommend it to all my friends that wear glasses; they need to come up here and get this done. It's just great to be able to take contacts out and still be able to see.".... ANN POSEY, School Teacher: "....my vision had just gotten so bad, and I couldn't wear contacts any more, didn't like wearing glasses, wasn't wanting to have any type of surgery....Knowing that my vision is going to be 20/20 all the time is just really exciting...." ....JACKIE GREENE, Sales Manager: "I heard about this procedure and it really sounded too good to be true. But I am so excited about it now because I've

Complaint 124 F.T.C..

probably had the procedure maybe six weeks, and already, within six weeks, I can drive my van without any corrective lenses whatsoever...." ....DR. HURT: [explains the PCM procedure to a patient by using the map of her cornea] "....As we keep it centered, all of these [pointing to various parts of the cornea] will mold away. So we are going to be able to mold away your astigmatism as well as your nearsightedness. And as we end up with this pink, what I call smiley face down here, then you will have your bifocal as well...." ....ANN POSEY, School Teacher: "Number one, it is wonderful to be able to wake up in the morning and to open my eyes and to see everything around me with no contacts in, nothing in, just to be able to open them up and to see....Number two, there is such security knowing financially that later in life I am not going to have to buy more glasses, change my prescriptions, get more prescription sun glasses. I am not going to have to lose a contact and find it or anything like that. I know that my vision, I am going to be able to see. And that is just wonderful.".... NARRATOR: "....Now, through Precise Corneal Molding you can see clearly day or night and continue to see clearly for the rest of your life without depending on glasses or contact lenses...."

....JACKIE GREENE, Sales Manager: "I am very excited about this procedure, because it will work for children and I have four kids of my own. And for them not to have to go through what I went through in the third grade, if any of them for any reason has a vision problem and needs corrective lenses, they will definitely get this procedure."....

ELLYN BENGAL, Bookkeeper: "I have been doing this about a year now....If for some reason I need my glasses, I have to hunt for them up now....But mostly, I don't wear, you know, anything. I use the molds at night and a little bit during the day but not much." ....

DR. HURT: "Precise Corneal Molding is becoming the procedure of choice all across the country. No longer do you have to be satisfied with just getting by or being visually handicapped. It is now the best that science has to offer....YOU can enjoy the freedom of seeing again without the use of glasses or contact lenses. No more wearing glasses, no more wearing contacts. The opportunity of seeing well all the time without being dependent upon these is now a reality and not a dream...." (Exhibit D) (Infomercial) E. "60 Sec Radio Commercial"

"You were not born to wear glasses or contacts. All of us were designed to have clear vision. And now, when the design needs correction, there's Precise Corneal Molding. Precise Corneal Molding is safe, gentle, non-surgical method of correcting nearsightedness and farsightedness that works!! It can also eliminate astigmatism and restore good functional vision without the use of glasses. The P-C-M practitioner in your area is offering a free corneal topography consultation so you can see how P-C-M can work for you! All you have to do is call 1-800-846-2-0-2-0 that's 1-800-846-TWENTY-TWENTY!! The call is free and the improved vision without glasses is....well....priceless...." (Exhibit E) F. NARRATOR: "Thousands of men, women and children all over the country are experiencing the gift of improved vision without glasses or contact lenses. Precise Corneal Molding, three words that will change the way you see the world. Precise Corneal Molding is a safe, gentle, nonsurgical, affordable procedure that corrects nearsightedness and farsightedness.

MIDSOUTH PCM GROUP, P.C., ET AL. 509

503 Complaint

PCM eliminates the need for glasses and contact lenses forever. The PCM practitioner in your area is offering you a free Precise Corneal Molding consultation. All you have to do is call 1-800-305-5030. The call is free, and the improved vision without glasses or contact lenses is well, priceless...." (Exhibit F) (Short Video Promotion)

G. "Precise Corneal Molding Success Stories: From the offices of J. Mason Hurt, O.D." "'PCM is wonderful! I can see clearly now, even when Scuba Diving. Before PCM, I had Poor Vision. Yet with PCM, I went back to 20-20, without surgery. I am so excited that I tell everyone about the benefits of PCM.' Peggy Collins, College Co-Ordinator. 'PCM is like a Miracle. It's hard to believe I can see so well without glasses and without Surgery. I would recommend PCM to anyone who is Near-Sighted, Far-Sighted or has Astigmatism.' Sara Ann Nichols, Systems Analyst. 'Before PCM, my son Scott had to change glasses every six months. Yet after PCM, he could see 20-20 within one month.' Connie Braden, Housewife. 'Before PCM, I could hardly see my computer monitor, and for the last two years, I wore both contacts and glasses. After PCM, I can see clearly and I am very happy.' Steven Fensler, Computer Programmer.' (Exhibit G)

H. "Welcome to the PCM Team"

"....

PCM is virtually problem free, and there is no risk. It is safer than contact lens wear. Unlike surgery, there is no such thing as mistakes. Nothing that may be induced by molding cannot be undone and fixed. If illness or extenuating circumstances occur, this only delays for a short time the final success of PCM.... A safe alternative to RK surgery In contrast to radial keratotomy surgery, which involves making incisions on the eye, PCM does not leave scar tissue which may cause vision glare at night or other side effects. PCM is also free of surgical complications or pain, and there is no disruption of vision as eyesight improves. Saving children's vision One of the most exciting uses for PCM is controlling myopia (nearsightedness) in children. ....PCM prevents this deteriorating vision in children by actually halting myopia in its tracks and even reversing it. Results Myopia (nearsightedness): PCM is highly effective in improving myopia. Mild to moderate degrees of myopia are corrected and higher degrees of myopia can be controlled to allow functional vision without lenses as well. Astigmatism: PCM usually either eliminates or greatly reduces astigmatism to great functional clarity. Hyperopia (farsightedness): Mild to moderate cases may be improved as well. Natural vision improvement ...The procedure, which is also known as PCM, has provided corrective eye care to thousands of patients without the risks or complications associated with surgery. ...PCM utilizes a series of molds prescribed in progressive stages to gently reshape the cornea, similar to the way braces are used to straighten teeth.

Complaint 124 F.T.C.

The PCM procedure involves thorough examinations, lens changes and/or lens modifications as needed until desired results are achieved. The process can take from a few weeks to a few months or longer to complete, depending on the severity of the problem. The result is dramatically improved vision with retainer molds being worn on a limited basis, sometimes only a few nights a week while you are sleeping, to maintain the new shape of the cornea. Safety Four University research studies have shown corneal molding to be safe and effective, with no harmful side effects. These studies include:

University of Houston College of Optometry (5 years) University of California at San Diego Medical School (7 years) University of California at Berkeley College of Optometry (3 years) Pacific University College of Optometry (5 years)....." (Exhibit H) (Patient Handout)

9. Through the means described in paragraph eight, respondents have represented, expressly or by implication, that:

A. PCM ortho-k provides a cure for any refractive vision deficiency thereby permanently eliminating the need for all corrective eyewear, including eyeglasses and contact lenses.

B. All people can achieve normal vision without eyeglasses or contact lenses on a permanent basis if they wear PCM ortho-k devices occasionally or at night.

C. PCM ortho-k has been approved by the Federal Aviation Administration and all branches of the United States military for use in correcting refractive vision deficiencies.

D. Studies at the University of Houston College of Optometry (1976-77), University of California at San Diego Medical School (1980), University of California at Berkeley College of Optometry (1982-83), and Pacific University College of Optometry (1984), prove that PCM ortho-k is safe and effective in correcting nearsightedness, farsightedness, and astigmatism.

E. Testimonials from consumers appearing in the advertisements for respondents' PCM ortho-k services reflect the typical or ordinary experience of members of the public who receive those services, which experience is that respondents' PCM patients typically achieve 20/20 vision and no longer need corrective eyewear.

10. In truth and in fact,

A. PCM ortho-k does not provide a cure for any refractive vision deficiency thereby permanently eliminating the need for all corrective eyewear, including eyeglasses and contact lenses.

MIDSOUTH PCM GROUP, P.C., ET AL. 511

503 Complaint

B. All people cannot achieve normal vision without eyeglasses or contact lenses on a permanent basis if they wear PCM ortho-k devices occasionally or at night.

C. PCM ortho-k has not been approved by the Federal Aviation Administration and all branches of the United States military for use in correcting refractive vision deficiencies.

D. Studies at the University of Houston College of Optometry (1976-77), University of California at San Diego Medical School (1980), University of California at Berkeley College of Optometry (1982-83), and Pacific University College of Optometry (1984), do not prove that PCM ortho-k is safe and effective in correcting nearsightedness, farsightedness, and astigmatism.

E. Testimonials from consumers appearing in the advertisements for respondents' PCM ortho-k services do not reflect the typical or ordinary experience of members of the public who receive those services, which experience is that respondents' PCM patients typically achieve 20/20 vision and no longer need corrective eyewear.

Therefore, the representations set forth in paragraph nine were, and are, false or misleading.

11. Through the means described in paragraph eight, respondents have represented, expressly or by implication, that they possessed and relied upon a reasonable basis that substantiated the representations set forth in paragraph nine A - B, at the time the representations were made.

12. In truth and in fact, respondents did not possess and rely upon a reasonable basis that substantiated the representations set forth in paragraph nine A - B, at the time the representations were made. Therefore, the representation set forth in paragraph eleven was, and is, false or misleading.

13. Through the means described in paragraph eight, respondents have represented, expressly or by implication, that:

A. A significant number of people can achieve normal vision without eyeglasses or contact lenses on a permanent basis if they wear PCM ortho-k devices occasionally or at night.

B. All or most people will experience stabilized vision after only a few weeks or months of PCM ortho-k treatments.

C. PCM ortho-k prevents and reverses deteriorating nearsightedness in children.

D. PCM ortho-k is safer than contact lenswear.

Complaint 124 F.T.C.

E. PCM ortho-k is more effective than refractive surgical methods in eliminating nearsightedness, farsightedness, and all forms of astigmatism.

F. PCM ortho-k has helped thousands of people achieve normal vision.

14. Through the means described in paragraph eight, respondents have represented, expressly or by implication, that they possessed and relied upon a reasonable basis that substantiated the representations set forth in paragraph thirteen, at the time the representations were made.

15. In truth and in fact, respondents did not possess and rely upon a reasonable basis that substantiated the representations set forth in paragraph thirteen, at the time the representations were made. Therefore, the representation set forth in paragraph fourteen was, and is, false or misleading.

16. The acts and practices of respondents as alleged in this complaint constitute unfair or deceptive acts or practices, and the making of false advertisements, in or affecting commerce in violation of Sections 5(a) and 12 of the Federal Trade Commission Act.

MIDSOUTH PCM GROUP, P.C., ET AL. 513

503 Complaint

EXHIBIT A

TALK AMERICA

TALK AMERICA Radio Network

21st Century Eyecare

Saturday 10 a.m. - 12 p.m. ET

It sounds too good to be true -- a safe, non-surgical alternative to restore clear vision safely, gently and permanently.

In a modest departure from ordinary talk radio, Talk America will air a new program featuring an emerging national network of eye doctors who are performing a new, non-evasive, non-surgical corrective vision procedure that reshapes the cornea, much lie braces straighten teeth. It's called 21st Century Eyecare.

Over the past eight months, Dr. Hurt and co-host, Sam Cooper have produced 21st Century Eyecare, a live call-in program airing on Memphis talk station, WMC. The phone lines have been jammed ever since. Why? Over 70% of their listeners are int erested in eye care -- and no one else is talking about it like they are.

Dr. J. Mason Hurt, a Memphis-based optometrist, has developed a revolutionary new corrective eye procedure called Precise Corneal Molding (PCM for short), that will soon render glasses and contact lens obsolete.

Sam Cooper is a veteran broadcaster, having done over 1,000 radio and 600 TV interviews over the past two decades, Sam stumbled onto this procedure last summer and has been helping radio listeners discover the joy of visual freedom by co-hosting the p rogram ever since.

Precise Corneal Molding is the result of merging technology and physiology. PCM evolved from a procedure called "orthokeratology," clinically practiced for over thirty years. Orthokeratology involves reshaping the cornea by fitting patients with a se ries of special hard contact lenses, each having a slightly different curve. Orthokeratology was limited by the older technology of the lenses and the difficulty in precisely monitoring and controlling the reshaping process.

Send Email Directly to Dr. Hurt and Sam Cooper

Home|How To Contact Us

[email protected]

This site is maintained by Internet Gateway Connections © Talk America Radio Network 1995

Complaint 124 F.T.C.

EXHIBIT B

PRECISE CORNEAL MOLDING (PCM)

YOUR CLEAREST CHOICE

YOUR GREATEST FREEDOM

EXHIBIT B

MIDSOUTH PCM GROUP, P.C., ET AL. 515

503 Complaint

EXHIBIT B

J. MASON HURT, O.D PRECISE CORNEAL MOLDING 2865 SUMMER OAKS DRIVE BARTLETT, TN 38134 (901) 382-7803

September 20, 1994

Dear Dr.

I have been Dr. Hurt's office and Business Manager since 1988. Since he began what is now called the I.C.O.K. procedure of Precise Corneal Molding (PCM) in November of 1992, I have helped Dr. Hurt develop the I.C.O.K. Office Management System to convert the highest percentage of PCM consultations into PCM patients for Precise Corneal Molding. Media Fund began doing our marketing three months ago and our sales have increased dramatically from $37,000.00 in June, $65,000.00 in July to $126,000.00 in August and we should exceed $150,000.00 in September.

I will be conducting a seminar for I.C.O.K. Business Managers and/or I.C.O.K. Doctor's Clinical Assistants in Memphis September 24th and 25th in conjunction with I.C.O.K. Society's Symposium. The $495.00 Seminar fee will include Video and I.C.O.K. Office Procedures Manual. I believe I can teach your Office Manger to get the same results that we helped Dr. Hurt achieve in August and I am sure you both would be proud to duplicate our $126,000.00 August income.

If you have a staff member who should attend please fax their reservation to me at (901) 385-1581.

Thanks,

Millie C. Middleton Dr. Hurt's I.C.O.K. Business Manager

Complaint 124 F.T.C.

EXHIBIT B

PRECISE CORNEAL MOLDING

PRECISE CORNEAL MOLDING IS A PROCESS WHICH RESHAPES THE CORNEA OF THE EYE AND THEREBY REDUCES THE DEPENDENCE UPON EYE WEAR. THE PROCEDURE STARTED OVER THIRTY-EIGHT YEARS AGO AND HAS HAD REMARKABLE SUCCESS SINCE. EARLY ON ONLY OLD FASHIONED HARD CONTACT LENS MATERIAL WAS USED. THE INHERENT PROBLEMS ASSOCIATED WITH THAT PLASTIC PROLONGED THE PROCEDURE FOR UP TO TWO YEARS. BUT WITH THE ADVENT OF SPACE AGE POLYMERS AND COMPUTER ASSISTED LATHES, MOLDS AVAILABLE NOW CAN RESHAPE THE CORNEA IN ONLY A FRACTION OF THE TIME. IN MANY CASES, JUST A MATTER OF DAYS TO WEEKS FREES THE MAJORITY OF THE PATIENTS FROM THEIR DEPENDENCE UPON EYEGLASSES OR CONTACTS DURING DAYTIME HOURS.

THERE IS NO HOCUS-POCUS, SLIGHT OF HAND OR EXAGGERATION, THE PRINCIPAL UPON WHICH PRECISE CORNEAL MOLDING (PCM) IS BASED, IS QUITE SOUND AND SIMPLE. BASICALLY AN INDIVIDUAL REQUIRES SPECTACLES TO SEE IF THEIR CORNEA IS TOO FLAT, TOO STEEP OR OUT OF ROUND IN RELATION TO THE OTHER ELEMENTS OR PARTS OF THE EYE. THE CORNEA IS THE SOFT CLEAR WINDOW WHICH PASSES LIGHT INTO THE EYE. IT MAKES UP ABOUT TWO-THIRDS OF THE EYE'S TOTAL POWER TO FOCUS THE LIGHT PRECISELY ON THE RETINA (RECEIVING SCREEN) IN THE BACK OF THE EYE. BY SLIGHT MODIFICATION IN THE SHAPE OF THE CORNEA, CLEAR FUNCTIONAL VISION MAY BE RESTORED TO THE INDIVIDUAL.

RECENTLY SEVERAL SURGICAL PROCEDURES HAVE BEEN DEVELOPED TO ATTEMPT TO ACCOMPLISH THE SAME PURPOSE. HOWEVER THEIR LIMITED SUCCESS HAS BEEN DUE TO THE EFFECTS OFF SCARRING, IRREGULAR HEALING AND MOST IMPORTANTLY, ITS TEMPORARY EFFECT. SINCE THE CORNEA IS SOFT IT CONTINUES TO CHANGE SHAPE AS TIME GOES BY AND THE INDIVIDUAL PRESCRIPTION CONTINUES TO VARY LEADING TO MORE DEPENDENCE UPON EYE WEAR WITHIN MONTHS TO JUST A FEW YEARS. IN ADDITION, THE SURGICAL SCARS CAUSE SURFACE IRREGULARITIES ON THE CORNEA, RESULTING IN PERMANENT BLURRING THAT EVEN GLASSES OR CONTACTS CANNOT ELIMINATE. MOLDING AVOIDS THOSE COMPLICATIONS SINCE THERE IS NOT INJURY TO ANY EYE TISSUE. THE SOFT CORNEA SIMPLY RESHAPES ITSELF TO FILL THE MOLD. THE MOLD IS SIMILAR TO A CONTACT LENS IN ITS APPEARANCE AND SENSATIONS UPON WEARING. THE MOLD IS WORN WHILE SLEEPING AND/OR WHILE AWAKE. THE PROCEDURE TAKES JUST HOURS IN MILD CASES TO A FEW MONTHS IN VERY DIFFICULT CASES TO REACH GOOD FUNCTIONAL VISION THE MOLD IS WORN REGULARLY UNTIL THE BEST VISION

JRH 000303

MIDSOUTH PCM GROUP, P.C., ET AL.

Complaint EXHIBIT B

IS ACHIEVED AND THE CORNEA IS ALLOWED TO STIFFEN IN ITS NEW SHAPE. AT THAT POINT THE MOLD WEARING IS GRADUALLY REDUCED UNTIL A MINIMAL WEAR TIME IS ESTABLISHED THAT MAINTAINS THAT SHAPE AND GOOD FUNCTIONAL VISION. THIS GUARANTEES CONTINUED CLARITY WITHOUT THE GRADUAL BLURRING THAT USUALLY ACCOMPANIES THE SURGERY. THEREFORE, THE CORNEA CAN EASILY BE FINE TUNED THE REST OF ONES LIFE BY MINOR MODIFICATION IN THE RETAINER MOLD.

PCM IS NOT ONLY A GREAT ALTERNATIVE TO THE WEARING OF SPECTACLES OR CONTACT LENSES, BUT IT ALSO FREES THE INDIVIDUAL FROM THE DISTRACTIONS CAUSED BY PERSPIRATION, DUST, WIND, WEATHER AND TEMPERATURE. THERE ARE NO MORE BLIND SPOTS CAUSED BY FRAME OR LENS EDGES. IT IS GREAT TO WEAR REGULAR FASHION SUNGLASSES, TO GET UP AT NIGHT OR IN THE MORNING AND SEE, TO GO SWIMMING AND SKIING, TO DRIVE IN A CONVERTIBLE WITH THE TOP DOWN, TO WORK IN THE DUST, GRASS, OR IN THE GARDEN, AND TO BE ABLE TO SEE IN CASES OF EMERGENCY. PCM OPENS NEW HORIZONS TO EVERYONE REGARDLESS OF AGE, OCCUPATION, OR ABILITY TO WEAR CONTACT LENSES IN THE PAST.

PCM IS SAFE, RELIABLE, AND INEXPENSIVE. PCM GIVES YOU A CURE NOT A MAINTENANCE OF YOUR VISUAL HANDICAP. PCM IS THE BEST INVESTMENT OF YOUR TIME AND RESOURCES. YOU DESERVE SUCH FREEDOM AND CONVENIENCE. YOU ARE WORTH IT. CONSIDER PCM, TRY IT AND THEN STAND BY AND MARVEL AT THE SPLENDID RESULTS.

JMH 000309

Complaint 124 F.T.C.

EXHIBIT C

EXHIBIT C

Patients See The Difference

"I shifted from soft contact lenses to PCM™ and I can see 20/20 when I take them off!" -- T.K.

"I have been through the program and I am very happy with the results. I'm taking my daughter in for Precise Corneal Molding™, too!" -- A.S.

"I am very happy with PCM™ and would recommend it with no reservation." -- D.M.

"I never realized how precious the gift of sight was until I underwent the PCM™ procedure." -- A.S.

Compare! PCM™ is a safe, gentle, affordable, non-surgical alternative for wearers of glasses.

| | Surgery | PCM™ | | Age as a limiting factor | Yes | No | | Reversibility | No | Yes | | Loss of work time | Yes | No | | Worsening of night vision | Yes | No | | FAA and military approval | No | Yes |

Find Out If PCM™ Is Right For You

Call for a free PCM™ consultation. Come in and view an informational video to help determine if you are a candidate for this procedure.

If PCM™ is determined to be an option for you, you too may be one of the many who are no longer dependent on glasses.

Mid-South PCM™ Group, P.C.

J. Mason Hurt, O.D.

2865 Summer Oaks Drive Bartlett, TN 38134 901/382-7803 800-947-4257

Precise Corneal Molding™ (PCM™)

Safe Affordable Gentle Non-Surgical

Visual Freedom from glasses.

Mid-South PCM™ Group, P.C.

J. Mason Hurt, O.D.

2865 Summer Oaks Drive Bartlett, TN 38134 901/382-7803 800-947-4257

JMH 000018

MIDSOUTH PCM GROUP, P.C., ET AL. 519

503 Complaint

EXHIBIT C

What is PCM™?

Imagine being able to easily read an alarm clock without your glasses, see street signs clearly, or participate in sports without lenses of any kind... These are just a few of the freedoms people are enjoying through Precise Corneal Molding™ (PCM™).

PCM™ is a safe, gentle, affordable, and non-surgical procedure that dramatically improves natural vision by reshaping the front of the eye, the cornea, with scientifically shaped molds. Because the procedure is non-invasive, PCM™ has provided thousands of patients with better vision without the risks or complications of surgery.

Nearsightedness, farsightedness and astigmatism occur when light rays entering the eye through the cornea focus incorrectly. PCM™ utilizes a series of prescription eye molds to reshape the cornea much like orthodontists use braces to straighten teeth. The result is a gradual correction of vision, enabling patients to see clearly throughout the procedure.

The PCM™ procedure involves a series of thorough examinations by Dr. J. Mason Hurt, recognized in the medical community as an expert in PCM™, and a series of mold modifications. The benefits are realized in weeks or months, depending on the severity of vision problems. Retainer molds will be used on a limited basis to maintain the new shape of the cornea.

Since 1962, PCM™ and its predecessor, Orthokeratology, have been used to help pilots, athletes and others requiring unaided vision. Now, new research developments such as computerized corneal topography and new mold designs and materials have established PCM™ as the eye care trend of the future.

The Safest Option

In contrast to Radial Keratotomy and laser surgery, PCM™ does not require injury to the eye, resulting in glare-inducing scars. There is also no disruption of vision as eyesight improves.

JMH 000019

PCM™ for Children

One of the most exciting uses for PCM™ is controlling nearsightedness in children. Unfortunately, nearsightedness is a progressive condition, which is why 75% of patients who are near sighted must periodically increase their prescription. For example, only 1% of 8-year-olds are nearsighted, while over 30% of the general population is nearsighted. PCM™ prevents deteriorating vision and even reverses it

Proven Safe Results

PCM™ is highly effective in correcting nearsightedness, farsightedness and astigmatism. Even severe cases find great benefit from PCM™.

University research studies have shown corneal molding to be safe and effective. These studies include: the University of Houston College of Optometry (5 years), University of California at San Diego Medical School (7 years), University of California at Berkeley College of Optometry (3 years), and Pacific University College of Optometry (5 years).

Complaint 124 F.T.C.

EXHIBIT D

OFFICIAL TRANSCRIPT PROCEEDING

FEDERAL TRADE COMMISSION

MATTER NO. 9623279

TITLE MID-SOUTH PCM GROUP, et al.

DATE RECORDED: APRIL 26, 1995 TRANSCRIBED: NOVEMBER 28, 1996 CORRECTED: JANUARY 7, 1997

PAGES 1 THROUGH 23

PRECISE CORNEAL MOLDING INFOMERCIAL

FOR THE RECORD, INC.

603 POST OFFICE ROAD, SUITE 309 WALDORF, MARYLAND 20602 (301)870-8025

EXHIBIT D

MIDSOUTH PCM GROUP, P.C., ET AL. 521

503 Complaint

EXHIBIT D

1 FEDERAL TRADE COMMISSION

4 In the Matter of: )

5 Mid-South PCM Group, et al. ) Matter No. 9623279

6 --------------------------------)

13 VIDEOTAPE TRANSCRIPTION

14 RECORDED: APRIL 26, 1995

15 TRANSCRIBED: NOVEMBER 28, 1996

For The Record, Inc.

Waldorf, Maryland 301-870-8025

Complaint 124 F.T.C.

EXHIBIT D

1 P R O C E E D I N G S 2 - - - - - 3 MR. LINDSEY: Over 190 million men, women and 4 children in America are lifetime victims of poor vision. 5 Millions of Americans are chained to the use of glasses and 6 contact lenses. It alters life-styles, is expensive, and 7 vision only gets worse.

8 There is a solution today. If you are one of the 190 9 million Americans, this show is for you. Precise corneal 10 molding, three words that will change the way you see the 11 world without glasses or contact lenses. 12 In the next 30 minutes, you will be introduced to a 13 gentle, nonsurgical, affordable procedure that will make 14 glasses and contact lenses a thing of the past in your life. 15 Precise corneal molding, three words that will literally 16 change your life.

17 Thousands of people all over America are experiencing 18 the gift of improved vision. From 8 to 80, precise corneal 19 molding truly is the medical eyecare breakthrough of the 20 century.

21 NARRATOR: The gift of sight, a sense given to all 22 human beings, yet more than 75 percent of Americans have 23 vision disorders that require prescription glasses or contact 24 lenses to correct. They do bring improved vision, but with 25 every prescription change, the vision grows weaker and

For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 523 503 Complaint EXHIBIT D

1 weaker, not stronger.

2 To eliminate vision disorders, surgical procedures 3 have been developed and introduced but with limited results. 4 In the 1960's, before the popularity of soft contact lenses, 5 an ortho-keratology procedure was developed that could 6 actually reshape the cornea of the eye and caused improved 7 vision for a limited time.

8 The procedure was accepted by the FAA, a department 9 of the Federal Government that regulates the airline 10 industry. The process required pilots to wear contact lenses 11 that allowed the eye to focus properly for several hours. 12 Pilots were only required to have functional vision during 13 flight time, but the results of the procedure proved very 14 promising.

15 In 1992, Dr. J. Mason Hurt, an optometrist, perfected 16 a process called precise corneal molding or PCM. With PCM, 17 patients who had previously worn glasses or contact lenses 18 were able to see without the use of either and without 19 surgery. Here is why:

20 DR. HURT: Corneal molding is very safe and 21 effective, and I would like to show you why. The cornea, the 22 clear window that we see through, is very soft and is subject 23 to change. It changes its shape on a very regular basis. 24 A person is nearsighted when the distance from here 25 to here is too long for the type of lens they've got inside For The Record, Inc.

Waldorf, Maryland 301-870-3100

Complaint 124 F.T.C.

EXHIBIT D

1 their eye. A person is farsighted, conversely, when the 2 distance is too short for the size of lens they have inside 3 the eye. A person has astigmatism when one of these curves 4 isn't perfectly round. In our molding procedure, we can 5 counter these problems in a safe and effective way simply by 6 reshaping the curve on this cornea in a very safe and natural 7 way.

8 The cornea wants to change in shape. Now we just 9 guide it to the shape we would like for it to have, and we do 10 that by building a mold which will rest in the zone where we 11 are having our shape problems, and we can reshape this cornea 12 in a fashion very similar to wearing of contact lenses in a 13 safe, nonsurgical, noninvasive technique that we call precise 14 corneal molding.

15 MR. FENSLER: It really does. I was getting to the 16 place where I could hardly see my monitor anymore, where if I 17 had to stand back and use someone else's monitor, I couldn't 18 see it at all. And for the past two years I had been wearing 19 reading glasses along with my contacts so that I could read 20 pages, and then I was getting very tired. 21 I've been on molds for seven months, and I don't use 22 my reading glasses anymore at all, either with my contacts or 23 without them. I can see everything at work I want to see. 24 It just makes life easier, makes it go smoother. 25 MS. COLLINS: You can see. It does convert your For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 525

503 Complaint

EXHIBIT D

1 vision. If for some reason you get sick and you are not able 2 to wear your contacts, then it's no problem, you can start 3 the procedure over again, there is no hassle, there is no 4 surgery, there is no blood, there is no nothing like that. 5 Just little contacts in your eyes, you sleep with them at 6 night, and it's a great insomnia pill. I recommend it. 7 DR. SHUM: I am very enthusiastic about the 8 procedure. I recommend it to my patients daily, many, many 9 times a day. I hand out pamphlets on the subject. I 10 explain, I take time, I talk to the patients about this, and 11 it is a wonderful procedure, and it works very well. 12 MS. NICHOLS: The one day that I really realized that 13 this was doing some good, my son came in and had a T-shirt 14 on. I didn't have my glasses on, and I could read his 15 T-shirt, and it was like a miracle. I couldn't believe I 16 could read his T-shirt. So, I just went around reading 17 things. Now I can watch TV without my lenses in, without the 18 molds in, and before I couldn't even find the TV. 19 MS. BRADEN: Scott had broken his glasses at school, 20 and we came to get his eyes checked, and his eyes had gotten 21 so bad in just a few months that I was told that he would 22 have to have glasses changed every six months. So, we 23 started with the contacts, and within one week, he could see 24 20/20.

25 MR. JARRELL: For anyone who has problems seeing, I

For The Record, Inc.

Waldorf, Maryland

Complaint 124 F.T.C.

EXHIBIT D

1 would recommend it to all my friends that wear glasses. They 2 need to come here and get this done. It's just great to be 3 able to take contacts out and still be able to see. 4 NARRATOR: You were not born to wear glasses and 5 contact lenses. We were all designed to have clear vision. 6 When the design needs correction, now there is precise 7 corneal molding, a safe, gentle, nonsurgical method of 8 correcting nearsightedness and farsightedness. PCM can also 9 eliminate astigmatism and restore good, functional vision 10 without the use of contacts or glasses. 11 The PCM practitioner in your area is offering you a 12 free precise corneal molding consultation. All you have to 13 do is call 1-800-846-2020. The call is free, and the 14 improved vision without glasses or contact lenses is, well, 15 priceless.

16 Call now, 1-800-846-2020, and schedule your PCM 17 consultation with a PCM practitioner in your area. That's 18 1-800-846-2020. Precise corneal molding, the clear choice 19 for the 21st century.

20 MS. RICHARDS: I come from a long line of four-eyes. 21 We all have glasses. I got my little blue-pointed glasses 22 when I was in the fifth grade. I hated them then, and I have 23 hated glasses ever since. So, I opted for contacts as soon 24 as they were available, but they were the hard ones. They 25 were torture. And I wore them just out of pure vanity.

For The Record Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 527

503 Complaint

EXHIBIT D

.

1 because I hated them, too, but I didn't want to wear 2 glasses.

3 Certainly like most people, I would never want my 4 eyes to be touched in a surgical way, and this gives you an 5 option that you don't have to do that. Don't be afraid to 6 give up your soft lenses, and don't be afraid to try hard 7 lenses, which is what these molds are, or gas-permeable 8 lenses, because they are not uncomfortable at all, they are 9 very comfortable, and you will be able to see much better. 10 MS. ROBBINS: I would highly recommend it to anyone 11 who is considering it. I have a brother who is almost 12 legally blind, and he was like, yeah, okay, I am going to 13 wait to see what happens to you first, because you know, if I 14 am going to have to wear contacts, I would just assume wear, 15 you know, what I have got, but he doesn't realize that when 16 he gets up in the morning, if he doesn't put his glasses on, 17 he can't see, and with this, it wouldn't -- I have just been 18 trying to talk him into going in and checking it out, because 19 it would make a big impact with him, and it is so wonderful 20 not having to wear glasses.

21 MS. POSEY: Dr. Hurt told me about it the end of 22 February, and I immediately signed up. It has been almost 23 like a miracle, really, because my vision had just gotten so 24 bad, and I couldn't wear contacts anymore, didn't like 25 wearing glasses, wasn't wanting to have any type of surgery.

For The Record, Inc.

Waldorf, Maryland [illegible]

Complaint 124 F.T.C.

EXHIBIT D

1 and I found out about this, and I thought, Oh, sign me up. 2 The contacts were nice. This is going to be a 3 wonderful day, not having to wear anything at all. Knowing 4 that my vision is going to be 20/20 all the time is just 5 really exciting.

6 I wore the molds, started really wearing them on 7 Saturday morning, and within 24 hours, I could tell that my 8 vision had changed. It was amazing. There was a big jump 9 after wearing them for about three weeks, to take the molds 10 out, and all of a sudden, to see that there was writing on 11 the television or to be able to see outside the window, the 12 cars, and know that there were things out there. I had never 13 dreamed of not having glasses or contacts in my life, and now 14 I can.

15 NARRATOR: You were not born to wear glasses or 16 contact lenses. We were all designed to have clear vision. 17 When the design needs correction, now there is precise 18 corneal molding, a safe, gentle, nonsurgical method of 19 correcting nearsightedness and farsightedness. PCM can also 20 eliminate astigmatism and restore good, functional vision 21 without the use of contacts or glasses. 22 The PCM practitioner in your area is offering you a 23 free precise corneal molding consultation. All you have to 24 do is call 1-900-845-2020. The call is free, and the 25 improved vision without glasses or contact lenses is, well,

For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 529

503 Complaint

EXHIBIT D

1 priceless.

2 Call now, 1-800-846-2020, and schedule your PCM 3 consultation with a PCM practitioner in your area. That's 4 1-800-846-2020. Precise corneal molding, the clear choice 5 for the 21st Century.

6 MS. GREENE: I heard about this procedure, and it 7 really sounded too good to be true. But I am so excited 8 about it now, because I've probably had the procedure maybe 9 six weeks, and already, within six weeks, I can drive my van 10 without any corrective lenses whatsoever, and it's going to 11 be so exciting to water ski this summer and be able to see 12 the people in the boat, and there are just so many things I 13 have to look forward to.

14 NARRATOR: As a precise corneal molding patient, you 15 will receive the advantage of the most modern equipment in 16 the eyecare industry. The corneal topography system used by 17 PCM practitioners produces a computerized map of your cornea 18 that allows your doctor to prescribe the perfect mold for 19 you, a mold that will be comfortable and very effective in 20 reshaping your cornea and allowing you good, functional 21 vision without glasses or contact lenses. 22 DR. HURT: This is all a map of your eye. I know it 23 looks like the moon to you, but this is a picture of the 24 eye. If you look at this map, the darker red, imagine that 25 being a mountain. That's the tallest peak. This is why you

For The Record, Inc.

Waldorf, Maryland [illegible]

Complaint 124 F.T.C. EXHIBIT D

1 are nearsighted, if you can see those areas of red and pink. 2 What we are going to do with this molding process is 3 flatten this portion of the eye, and as we do, we are going 4 to tend to see the red, the oranges move down this way, and 5 this is where we are going to find that you will end up with 6 that bifocal benefit. The colors are going to gradually 7 change as your eye flattens out up and through here to more 8 the greens and the blues, and you will see this as the 9 process continues over the coming months. 10 This is our starting place. This little X right here 11 is your line of sight. That's what you're seeing through. 12 If you notice on this map, you will notice that figure 8 13 where you have got a green bowtie this way and an orange 14 bowtie this way, this is your astigmatism. And so you 15 notice, it's all in the center, so if you allow this mold to 16 rest where we want it to and as we keep it centered, all of 17 this will mold away.

18 So, we are going to be able to mold away your 19 astigmatism as well as your nearsightedness and as we end up 20 with this pink what I call a smiley face down here, then you 21 will have your bifocal, as well, okay? So, we'll start 22 wearing the lenses, and I will have them designed this week, 23 and it usually takes five business days to get them in, and 24 then you'll start wearing them, and then in one week, we will 25 check you, and then we will map you out again, so we can

For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 531

503 Complaint

EXHIBIT D

1 start plotting out the changes that have taken place. Great, 2 you did wonderful.

3 NARRATOR: PCM is being heralded as the greatest 4 scientific breakthrough in the eyecare industry this 5 century. By simply wearing the prescribed corneal molds only 6 a few hours a day, you can eliminate the need to wear glasses 7 or contact lenses and actually correct nearsightedness, 8 farsightedness and astigmatism without surgery. 9 You were not born to wear glasses or contact lenses. 10 We were all designed to have clear vision. When the design 11 needs correction, now there is precise corneal molding, a 12 safe, gentle, nonsurgical method of correcting 13 nearsightedness and farsightedness. PCM can also eliminate 14 astigmatism and restore good, functional vision without the 15 use of contacts or glasses.

16 The PCM practitioner in your area is offering you a 17 free precise corneal molding consultation. All you have to 18 do is call 1-800-846-2020. The call is free, and the 19 improved vision without glasses or contact lenses is, well, 20 priceless. Call now, 1-800-846-2020, and schedule your PCM 21 consultation with a PCM practitioner in your area. That's 22 1-800-946-2020. Precise corneal molding, the clear choice 23 for the 21st century.

24 MS. ABERNATHY: It's great. It includes every area 25 of your life. You can see better, there is no -- you know,

For The Record, Inc.

Waldorf, Maryland 301-870-8025

Complaint 124 F.T.C.

EXHIBIT D

1 no mess involved with it, and just the thought of not having 2 to wear contacts or glasses or anything by the time I get 3 done with this is just absolutely wonderful. 4 MS. POSEY: Number one, it is wonderful to be able to 5 wake up in the morning and open my eyes and to see everything 6 around me, with no contacts in, nothing in, just to be able 7 to open them up and to see, or to read things without looking 8 for my glasses or looking for things. 9 Number two, there is such security knowing 10 financially that later in life I am not going to have to buy 11 more glasses, change my prescriptions, get more prescription 12 sunglasses, I am not going to have to lose a contact and find 13 it or anything like that. I know that my vision, I'm going 14 to be able to see. And that is just wonderful. 15 NARRATOR: PCM is not a wonder drug or a surgical 16 procedure. It is a high-tech scientific procedure that can 17 work for most people who require glasses or contact lenses. 18 By gently reshaping the cornea of your eye, the PCM process 19 can restore even difficult cases to good, functional vision, 20 even if you've worn glasses all your live. 21 MRS. FENSLER: Actually Dan was the first to use it. 22 He even got to do it before his dad, and then his dad 23 started, and then I was the last, but we were really happy 24 with it, and -- and I'm real impressed with the -- the way I 25 can see now compared to, you know, even a month ago.

For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 533

503 Complaint

EXHIBIT D

1 MS. ROBBINS: It's definitely worth the money that 2 you spend on it. It will change your life. You won't have 3 to deal with glasses, you won't have to deal with contacts, 4 you won't have to deal with not being able to see. It's just 5 -- it's so nice not to be able to have to put those glasses 6 on at all.

7 MS. MIDDLETON: For me to be able to be a small part 8 of what has taken -- what this process has done for just the 9 basic general public of Bartlett. So, I -- there is over -- 10 Dr. Hurt has done over three hundred and sixty something 11 patients, and each and every one of those lives have been 12 changed tremendously.

13 MS. STREEFF: The biggest benefit of CKR is being 14 able to see, is getting out of bed and you can see, is 15 getting in the car, and you can see everything, is walking in 16 the rain, and your glasses don't get wet. That's the biggest 17 benefit, that freedom of not having to remember your glasses, 18 not having to remember your contacts, not having to remember 19 your solution, not having your eyes irritated. So -- and 20 it's amazing. I can't get over it.

21 MR. GARNER: I started with the procedure in March, 22 and I noticed very quickly that this procedure was going to 23 work for me and work well. On a scale of 1 to 10, as far as 24 satisfaction, I'm way above 10, probably 15 to 20. I'm very 25 -- I have been very pleased with the results that I have had

For The Record, Inc.

Waldorf, Maryland 301 870-3100

Complaint 124 F.T.C.

EXHIBIT D

1 and the -- and the success that will continue. 2 I have still got a way to go, but at this point, 3 there is no comparison from where I started to where I am now 4 only after about four and a half months. 5 MS. BENGAL: This is great. I think I was around 6 20/1000 when I started. I am down to 20/70. If I -- if I 7 never get any better than I am now, I'm happy, but I know 8 that I will.

9 NARRATOR: Don't suffer through the agony of wearing 10 contact lenses that may cause irritation to your eyes. No 11 longer do you have to be dependent on glasses that become 12 thicker and stronger with each new prescription. 13 Now, through precise corneal molding, you can see 14 clearly day or night and continue to see clearly for the rest 15 of your life, without depending on glasses or contact 16 lenses.

17 You were not born to wear glasses or contact lenses. 18 We were all designed to have clear vision. When the design 19 needs correction, now there is precise corneal molding, a 20 safe, gentle, nonsurgical method of correcting 21 nearsightedness and farsightedness. PCM can also eliminate 22 astigmatism and restore good, functional vision without the 23 use of contacts or glasses.

24 The PCM practitioner in your area is offering you a 25 free precise corneal molding consultation. All you have to

For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 535 503 Complaint EXHIBIT D

1 do is call 1-800-846-2020. The call is free, and the 2 improved vision without glasses and contact lenses is, well, 3 priceless.

4 Call now, 1-800-846-2020, and schedule your PCM 5 consultation with the PCM practitioner in your area. That's 6 1-800-846-2020. Precise corneal molding, the clear choice 7 for the 21st century.

8 MS. STRANY: I started wearing my molds January 11th, 9 and by the end of the first eight hours of wear, my vision 10 had improved that quickly. I could not even wear my glasses 11 after eight hours.

12 MS. GREENE: I am very excited about this procedure, 13 because it will work for children, and I have four kids of my 14 own. And for them to not have to go through what I went 15 through in the third grade, if any of them for any reason has 16 a problem and needs corrective lenses, they will definitely 17 get this procedure.

18 MS. GRAMMER: I recommend it to everyone. Nellie, 19 his office manager gave me brochures, and I keep it in our 20 office, and I tell everybody, because even with small 21 children that wear their glasses, people don't know how bad 22 or how embarrassing it is to wear glasses that are like coke 23 bottles and can't see, and until you experience it, you don't 24 know, and anyone I see that has to wear contacts and has 25 trouble because of their allergies or have thick glasses. I

For The Record, Inc.

Waldorf, Maryland 301 870-8025

Complaint 124 F.T.C.

EXHIBIT D

1 really want to talk about it.

2 MR. GARNER: My recommendation is I wish that there 3 had been a procedure like this when I was a child and could 4 have prevented my vision from ever getting as bad as it did, 5 and I think that's -- I think it's a wonderful opportunity 6 for children, especially children who are active, play 7 sports. Because I unfortunately had to wear the glasses 8 throughout all that, and it was terribly unpleasant at 9 times.

10 MS. BENGAL: I have been doing this for about a year 11 now, and I drive -- one of my hobbies is cooking. I cook 12 without glasses, which was never a possibility before. I do 13 everything. If for some reason I need my glasses, I have to 14 hunt them up now. They are either in the car, because I 15 leave them in the car sometimes, just in case, but mostly, I 16 don't wear, you know, anything. I use the molds at night and 17 a little bit during the day, but not much. 18 MS. COLLINS: About six years ago, my husband and I 19 started scuba diving, and you can't wear glasses underneath 20 your scuba diving mask, and you can wear contacts, but if 21 your mask floods, then the contacts wash out, and you have 22 lost them. And you can get prescription masks, but you 23 couldn't for my model of mask.

24 So, after so many years of him saying, Gee, didn't 25 you see that fish down there, and I didn't, I decided

For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 537

503 Complaint

EXHIBIT D

1 something needed to be done, and Dr. Hurt had a solution. 2 NARRATOR: You were not born to wear glasses or 3 contact lenses. We were all designed to have clear vision. 4 When the design needs correction, now there is precise 5 corneal molding, a safe, gentle, nonsurgical method of 6 correcting nearsightedness and farsightedness. PCM can also 7 eliminate astigmatism and restore good, functional vision 8 without the use of contacts or glasses. 9 The PCM practitioner in your area is offering a free 10 precise corneal molding consultation. All you have to do is 11 call 1-800-846-2020. The call is free, and the improved 12 vision without glasses or contact lenses is, well, 13 priceless.

14 Call now, 1-800-846-2020, and schedule your PCM 15 consultation with the PCM practitioner in your area. That's 16 1-800-846-2020. Precise corneal molding, the clear choice 17 for the 21st Century.

18 MS. BRADEN: It's nice to know that he can go to 19 school and I don't have to worry about him forgetting his 20 glasses or anything, because I know that he can see when he 21 gets up in the morning.

22 MR. FENSLER: I would definitely recommend this to 23 other people. This is a great way to go. There is no worry 24 about -- it's so invasive that maybe I'll never see again. 25 There is no worry about if I get hit inside the eye, it is

For The Record, Inc.

Waldorf, Maryland [illegible]

Complaint 124 F.T.C.

EXHIBIT D

1 going to pop my eyeball kind of thing, as somebody -- 2 somebody said as so many stories have been about laser 3 surgery. I'm really anxious to see that it works for me all 4 the time, and I would always recommend it to anybody. There 5 is just no doubt in my mind, it's the way to go. It's well 6 worth it.

7 MS. ROBBINS: It is definitely worth the money that 8 you spend on it. It -- it will change your life, and you 9 won't have to deal with glasses, you won't have to deal with 10 contacts, you won't have to deal with not being able to see. 11 It's just -- it's so nice not to be able to have to put those 12 glasses on at all.

13 NARRATOR: The optometrists in your area have 14 undergone specialized training for prescribing and treating 15 your vision disorder through precise corneal molding. There 16 are trained PCM practitioners all over America, and through 17 the International COK Society, a network of doctors confer 18 with each other to ensure you, the PCM patient, a complete 19 bank of professional knowledge and experience in the PCM 20 process is available.

21 The precise corneal molding procedure is designed to 22 become the procedure of choice for people who want to 23 eliminate the need to wear glasses or contact lenses. It is 24 the choice of the 21st Century. Safe, gentle, nonsurgical 25 PCM is also an affordable procedure, and financing is

For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 539

503 Complaint

EXHIBIT D

1 available in most cases.

2 If you hate the daily dependency of glasses or 3 contacts, just to see to read a newspaper or a street sign, 4 if you're tired of spending hours with messy contact 5 solutions, and if you want the experience of a nonsurgical 6 correcting procedure that will continue to allow you 7 functional vision for the rest of your life, precise corneal 8 molding is the answer, and now is the time. 9 DR. HURT: Precise corneal molding is becoming the 10 procedure of choice all across the country. No longer do you 11 have to be satisfied with just getting by or being visually 12 handicapped. It is now the best that science has to offer. 13 You do not have to be content with the things the way they 14 are. This is the closest thing to a cure that science has to 15 offer.

16 You can enjoy the freedom of seeing again without the 17 use of glasses or contact lenses. No more wearing glasses, 18 no more wearing contacts. The opportunity of seeing well all 19 the time without being dependent upon these is now a reality 20 and not a dream. This is the best that science can offer, 21 and we're here to help you do that. 22 And our pledge to you is that you will have the best 23 that we can give you, the best care, the best service and the 24 best vision. It will give you the opportunity to enjoy the 25 freedom that you deserve, and we will work hard to see that

For The Record, Inc.

Waldorf, Maryland [illegible]

Complaint 124 F.T.C.

EXHIBIT D

1 you get that freedom and that you enjoy the quality of life 2 that you should have.

3 MR. LINDSEY: Precise corneal molding, truly three 4 words that will change the way you see the world today. The 5 doctor and I both invite you to pick up the phone and call 6 the 800 number on the screen. Your eyesight is one of your 7 most important possessions. Precise corneal molding is 8 nonsurgical, safe, gentle and affordable. 9 The call is free, the evaluation is free, and you, 10 too, can enjoy the freedom from glasses and contact lenses 11 forever. Make this important call now. Our operators are 12 standing by.

13 Thank you.

14 MS. STRANY: I was astounded. I was so happy, and 15 now, I'm not quite through with the process, but for me to be 16 able to function in my home and be able to see, to get up in 17 the middle of the night and be able to see and walk around 18 the house and not have to reach for my glasses. 19 MS. RICHARDS: Don't be afraid to give up your soft 20 lenses, and don't be afraid to try hard lenses, which is what 21 these molds are, or gas-permeable lenses, because they are 22 not uncomfortable at all, they are very comfortable, and you 23 will be able to see much better.

24 MS. STREEFF: There are so many good things that 25 happen to you because of CKR. I would recommend it to

For The Record, Inc.

Waldorf, Maryland 301 870-8025

MIDSOUTH PCM GROUP, P.C., ET AL. 541

503 Complaint

EXHIBIT D

1 anybody who needs glasses.

2 MS. POSEY: Oh, I would definitely rate this a 10 on 3 a scale of 1 to 10, 10-plus, because it has been so easy, it 4 has happened so quick, the change. It just -- it happens 5 overnight. All I did was wear them and see it happen 6 tonight, to my body, to my eyes, and my eyes -- my vision is 7 here to stay for the rest of my life. It is worth 8 everything'.

9 "ICOKS, International Cooperative Ortho-Keratectomy 10 Society, 1-800-846-2020, ICOKS, Inc., Memphis, Tennessee, 11 1994."

For The Record, Inc.

Waldorf, Maryland [illegible]

Complaint 124 F.T.C.

EXHIBIT D

1 CERTIFICATION OF REPORTER 3 MATTER NUMBER: 9623279 4 CASE TITLE: MID-SOUTH PCM GROUP, et al. 5 TRANSCRIPTION DATE: 11/28/96 7 I HEREBY CERTIFY that the transcript contained herein 8 is a full and accurate transcript of the notes taken by me at 9 the hearing on the above cause before the FEDERAL TRADE 10 COMMISSION to the best of my knowledge and belief. 12 DATED: 1/7/97 14 Susanne Q. Tate 15 Susanne Q. Tate 19 CERTIFICATION OF PROOFREADER 21 I HEREBY CERTIFY that I proofread the transcript for 22 accuracy in spelling, hyphenation, punctuation and format. 24 [illegible] 25 Sara J. Vance For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL.

Complaint EXHIBIT E

60 Sec Radio Commercial (Use High Energy Enthusiastic Voice) One Spot Female and One Spot Male (Rotate)

YOU WERE NOT BORN TO WEAR GLASSES OR CONTACTS. ALL OF US WERE DESIGNED TO HAVE CLEAR VISION. AND NOW, WHEN THE DESIGN NEEDS CORRECTION, THERE'S PRECISE CORNEAL MOLDING. PRECISE CORNEAL MOLDING IS A SAFE, GENTLE, NON-SURGICAL METHOD OF CORRECTING NEARSIGHTEDNESS AND FARSIGHTEDNESS THAT WORKS !! IT CAN ALSO ELMINATE ASTIGMATISM AND RESTORE GOOD FUNCTIONAL VISION WITHOUT THE USE OF GLASSES. THE P-C-M- PRACTIONER IN YOUR AREA IS OFFERING A FREE CORNEAL TOPOGRAPHY CONSULTATION SO YOU CAN SEE HOW P-C-M CAN WORK FOR YOU! ALL YOU HAVE TO DO IS CALL 1-800-846-2-0-2-0 THAT'S 1-800-846-TWENTY-TWENTY!! THE CALL IS FREE AND THE IMPROVED VISION WITHOUT GLASSES IS.... WELL....PRICELESS CALL NOW... 1-800-846-2-0-2-0 ... AND SCHEDULE YOUR CORNEAL TOPOGRAPHY CONSULTATION WITH THE P-C-M PRACTITIONER IN YOUR AREA. THAT'S 1-800-846-2-0-2-0...THAT'S 1-800-846-TWENTY- TWENTY PRECISE CORNEAL MOLDING. THE CLEAR CHOICE, FOR THE TWENTY-FIRST CENTURY. CALL FOR THE P-C-M PRACTITIONER IN YOUR AREA.... 1-800-846-TWENTY-TWENTY.

EXHIBIT E JSE 000035

Complaint 124 F.T.C.

EXHIBIT F

OFFICIAL TRANSCRIPT PROCEEDING

FEDERAL TRADE COMMISSION

MATTER NO. 9623279

TITLE MID-SOUTH PCM GROUP, et al.

DATE RECORDED: UNKNOWN TRANSCRIBED: NOVEMBER 28, 1996 CORRECTED: JANUARY 7, 1997

PAGES 1 THROUGH 7

PRECISE CORNEAL MOLDING INFOMERCIAL

_________________________________________________

FOR THE RECORD, INC.

603 POST OFFICE ROAD, SUITE 309 WALDORF, MARYLAND 20602 (301)870-8025

_________________________________________________

MIDSOUTH PCM GROUP, P.C., ET AL. 545 503 Complaint EXHIBIT F

1 FEDERAL TRADE COMMISSION 4 In the Matter of: ) 5 Mid-South PCM Group, et al. ) Matter No. 9623279 6 ---------------------------------) 13 VIDEOTAPE TRANSCRIPTION 14 RECORDED: UNKNOWN 15 TRANSCRIBED: NOVEMBER 28, 1996 For The Record, Inc.

Waldorf, Maryland [illegible]

Complaint 124 F.T.C.

EXHIBIT F

1 P R O C E E D I N G S 2 - - - - - 3 NARRATOR: Thousands of men, women and children all 4 over the country are experiencing the gift of improved vision 5 without glasses or contact lenses. Precise corneal molding, 6 three words that will change the way you see the world. 7 Precise corneal molding is a safe, gentle, nonsurgical, 8 affordable procedure that corrects nearsightedness and 9 farsightedness.

10 PCM eliminates the need for glasses and contact 11 lenses forever. The PCM practitioner in your area is 12 offering you a free precise corneal molding consultation. 13 All you have to do is call 1-800-305-5030. The call is free, 14 and the improved vision without glasses or contact lenses is, 15 well, priceless.

16 Call 1-800-305-5030 and schedule your free PCM 17 consultation with the PCM practitioner in your area. That's 18 1-800-305-5030. Three words that will literally change the 19 way you see the world, precise corneal molding, the clear 20 choice for the 21st Century.

21 "Client, L-3 Media Marketing; title, Precise Corneal 22 Molding; date, 10/8/94; agency, Direct PROMO; length 90; 23 Creative Resources, Inc., (615) 899-6942." 24 MR. LINDSEY: Precise corneal molding, three words 25 that will literally change your life. Thousands of people For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 547

503 Complaint

EXHIBIT F

1 all over America are experiencing the gift of improved 2 vision. From 8 to 80, precise corneal molding truly is the 3 medical eyecare breakthrough of the century. 4 NARRATOR: You were not born to wear glasses or 5 contact lenses. We were all designed to have clear vision. 6 When the design needs correction, now there is precise 7 corneal molding, a safe, gentle, nonsurgical method of 8 correcting nearsightedness and farsightedness. PCM can also 9 eliminate astigmatism and restore good, functional vision 10 without the use of contacts or glasses. 11 A PCM practitioner in your area is offering a free 12 precise corneal molding consultation. All you have to do is 13 call 1-800-305-5030. The call is free, and the improved 14 vision without glasses or contact lenses is, well, 15 priceless. Call now, 1-800-305-5030, and schedule your PCM 16 consultation with the PCM practitioner in your area. That's 17 1-800-305-5030. Precise corneal molding, the clear choice 18 for the 21st Century.

19 MR. LINDSEY: Precise corneal molding, truly three 20 words that will change the way you see the world today. Your 21 eyesight is one of your most important possessions. 22 "Client, L-3 Media Marketing; title, Precise Corneal 23 Molding; date, 10/8/94; agency, Direct PROMO; length 120; 24 Creative Resources, Inc., (615) 899-6842:" 25 NARRATOR: Precise corneal molding, three words that

For The Record, Inc.

Waldorf, Maryland [illegible]

Complaint 124 F.T.C.

EXHIBIT F

1 will literally change your life. Thousands of people all 2 over America are experiencing the gift of improved vision. 3 From 8 to 80, precise corneal molding truly is the medical 4 eyecare breakthrough of this century. 5 Thousands of men, women and children all over the 6 country are experiencing the gift of improved vision without 7 glasses or contact lenses. Precise corneal molding, three 8 words that will change the way you see the world. Precise 9 corneal molding is a safe, gentle, nonsurgical, affordable 10 procedure that corrects nearsightedness and farsightedness. 11 PCM eliminates the need for glasses and contact 12 lenses forever. The PCM practitioner in your area is 13 offering you a free precise corneal molding consultation. 14 All you have to do is call 1-800-305-5030. The call is free, 15 and the improved vision without glasses or contact lenses is, 16 well, priceless.

17 Call now, 1-800-305-5030, and schedule your free PCM 18 consultation with the PCM practitioner in your area. That's 19 1-800-305-5030. Three words that will literally change the 20 way you see the world, precise corneal molding, the clear 21 choice for the 21st Century.

22 MR. LINDSEY: Precise corneal molding, truly three 23 words that will change the way you see the world today. The 24 doctor and I both invite you to pick up the phone and call 25 the 800 number on the screen. Your eyesight is one of your

For The Record, Inc.

Waldorf, Maryland [illegible]

MIDSOUTH PCM GROUP, P.C., ET AL. 549

503 Complaint

EXHIBIT F

1 most important possessions. Precise corneal molding is 2 nonsurgical, safe, gentle and affordable. 3 The call is free, the evaluation is free, and you, 4 too, can enjoy the freedom from glasses and contact lenses 5 forever. Make this important call now. Our operators are 6 standing by.

7 Thank you.

8 (Whereupon, the videotape was concluded.)

For The Record, Inc.

Waldorf, Maryland [illegible]

Complaint 124 F.T.C.

EXHIBIT F

1 CERTIFICATION OF REPORTER 3 MATTER NUMBER: 9623279 4 CASE TITLE: MID-SOUTH PCM GROUP, et al. 5 TRANSCRIPTION DATE: NOVEMBER 28, 1996 7 I HEREBY CERTIFY that the transcript contained herein 8 is a full and accurate transcript of the notes taken by me at 9 the hearing on the above cause before the FEDERAL TRADE 10 COMMISSION to the best of my knowledge and belief. 12 DATED: 1/7/97 14 Susanne Q. Tate 15 Susanne Q. Tate 19 CERTIFICATION OF PROOFREADER 21 I HEREBY CERTIFY that I proofread the transcript for 22 accuracy in spelling, hyphenation, punctuation and format. 24 Sara Vance 25 Sara Vance For The Record, Inc.

Waldorf, Maryland 301 870-8025

MIDSOUTH PCM GROUP, P.C., ET AL. 551

503 Complaint

EXHIBIT G

PRECISE CORNEAL MOLDING SUCCESS STORIES From the office of J. Mason Hurt, O.D. 2865 Summer Oaks Drive Memphis, Tennessee 38134 (901) 382-7803

"PCM is Wonderful! I can see clearly now, even when Scuba Diving. Before PCM, I had Poor Vision. Yet with PCM, I went back to 20-20, without surgery. I am so excited that I tell everyone about the benefits of PCM." Peggy Collins, College Co-Ordinator

"PCM is like a Miracle. It's hard to believe I can see so well without glasses and without Surgery. I would recommend PCM to anyone who is Near-Sighted, Far-Sighted or has Astigmatism" Sara Ann Nichols, Systems Analyst

"Before PCM, my son Scott had to change glasses every six months. Yet after PCM, he could see 20-20 within one month."

Connie Braden, Housewife

"Before PCM, I could hardly see my computer monitor, and for the last two years, I wore both Contacts and Glasses. After PCM, I can see clearly and I am very happy." Steven Fensler, Computer Programmer

EXHIBIT G

JMH 000032

Complaint 124 F.T.C.

EXHIBIT H

PCM™ PRECISE CORNEAL MOLDING

MID SOUTH PCM GROUP, P.C.

J. Mason Hurt, O.D.

2865 Summer Oaks Drive Bartlett, TN 38134 901/382-7803

EXHIBIT H

JMH 000279

ATTACHMENT 9 (a)(2)

ICOKS Member of the I.C.O.K.S.

Dedicated to the training of PCM™ practitioners

MIDSOUTH PCM GROUP, P.C., ET AL. 553

503 Complaint

EXHIBIT H

WELCOME TO THE PCM TEAM!

You have made one of the most important decisions of your life, and you will see great improvement in your ability to see unaided and in your visual freedom. Our goal is to provide you with the best vision that is possible for you. Perfection cannot be guaranteed, but we strive for excellence and optimal visual clarity. You are important to us, and so is the success of PCM.

Maximum success depends upon excellent teamwork. My staff and I will utilize the best techniques and materials, along with extensive experience, to bring our patients to the desired goal. It is crucial that you follow all instructions to the letter. You must maintain regular scheduled appointments, a good line of communication, and patience.

Everyone is different and each person responds differently. Do not expect to use a limited number of molds. Our pledge is to accomplish our goal of best functional vision in the shortest time possible, with the least number of molds necessary. It may take one pair or many, but be assured that it will be the least needed for your case.

PCM is virtually problem free, and there is no risk. It is safer than contact lens wear. Unlike surgery, there is no such thing as mistakes. Nothing that may be induced by molding cannot be undone and fixed. If illness or extenuating circumstances occur, this only delays for a short time the final success of PCM.

We are glad that you have joined the PCM team. Now prepare yourself for the results you are soon to see.

J. Mason Hurt, O.D. JMH 000230

Complaint 124 F.T.C.

EXHIBIT H

A SAFE ALTERNATIVE TO RK SURGERY

In contrast to radial keratotomy surgery, which involves making incisions on the eye, PCM does not leave scar tissue which may cause vision glare at night or other side effects. PCM is also free of surgical complications or pain, and there is no disruption of vision as eyesight improves.

SAVING CHILDREN'S VISION

One of the most exciting uses for PCM is controlling myopia (nearsightedness) in children.

Unfortunately, nearsightedness is a progressive disease, which is why 75% of the nearsighted population have to periodically increase their prescription. As years pass, from elementary school to college and later life, a person's vision gradually worsens. For instance, only 4% of 8 year olds are nearsighted, while over 30% of the general population is nearsighted. PCM prevents this deteriorating vision in children by actually halting myopia in its tracks and even reversing it.

RESULTS

Myopia (nearsightedness): PCM is highly effective in improving myopia. Mild to moderate degrees of myopia are corrected and higher degrees of myopia can be controlled to allow functional vision without lenses as well.

Astigmatism: PCM usually either eliminates or greatly reduces astigmatism to great functional clarity.

Hyperopia (farsightedness): Mild to moderate cases may be improved as well.

JMH 000231

MIDSOUTH PCM GROUP, P.C., ET AL. 555

503 Complaint

EXHIBIT H

NATURAL VISION IMPROVEMENT

Imagine being able to easily read the alarm clock without your glasses, see street signs clearly, or participate in sports without lenses of any kind. These are just a few of the ways people's lives are changing after undergoing the procedure known as PCM.

PCM is a non-invasive procedure that dramatically improves natural vision by reshaping the front curvature of the eye (called the cornea) with specially designed molds. The procedure, which is also known as PCM, has provided corrective eye care to thousands of patients without the risks or complications associated with surgery.

Visual defects known as nearsightedness (myopia), farsightedness (hyperopia), and astigmatism occur when light rays entering the cornea focus incorrectly, producing blurred vision. Often by changing the shape of the cornea the defect can be resolved. PCM utilizes a series of molds prescribed in progressive stages to gently reshape the cornea, similar to the way braces are used to straighten teeth. The molds consist of a highly oxygen permeable material with a special design that encourages the pliable tissue of the cornea to conform to the corrective curvature of the lens. The changes are so gradual that the patient enjoys clear comfortable vision at all times.

The PCM procedure involves thorough examinations, lens changes and/or lens modifications as needed until desired results are achieved. The process can take from a few weeks to a few months or longer to complete, depending on the severity of the problem. The result is dramatically improved vision with retainer molds being worn on a limited basis, sometimes only a few nights a week while you are sleeping, to maintain the new shape of the cornea.

SAFETY

Four University research studies have shown corneal molding to be safe and effective, with no harmful side effects. These studies include:

University of Houston College of Optometry (5 years) University of California at San Diego Medical School (7 years) University of California at Berkeley College of Optometry (3 years) Pacific University College of Optometry (5 years)

Complaint 124 F.T.C.

EXHIBIT H

I JUST RECEIVED MY FIRST SET OF MOLDS ... NOW WHAT:.

The first three days will be the most trying of your new journey. Since the molds are likely to move more the first several days, you will find improved comfort when the molds tighten a little. The body will have to adjust to a new appliance, so you will notice that you will not tear as well as you normally do, therefore frequent lubrication will be necessary.

Should you find that the molds displace during waking hours or upon rising, just remove them and reinsert them. Dryness, or molds that you have outgrown, may shift vertically or horizontally and cause some temporary blurriness upon removal of the molds. If this happens to you, reinsert the molds for two hours and then remove.

Upon rising, always allow the eyes to moisten with tears and lubricants before you try to remove them. Should you not be able to remove the molds, you may use the contact lens remover to gently lift an edge up to break the vacuum. Should this fail, feel free to call the number provided. Irritation upon cleaning and lubricating may indicate sensitivity to the chemicals. If this occurs, please call for a change in care regimen.

Pain, excessive redness and discharge are not typical; please call. Even though the molds are not responsible, your eye may not recover properly if the molds are continued. Please call and return to the office for evaluation.

To ensure the greatest opportunity of success, it is essential to maintain the wear schedule that has been recommended, as well as returning to the clinic for your scheduled appointment.

Patience, compliance, time and our professional care will bring you the results you desire.

JMH 000234

MIDSOUTH PCM GROUP, P.C., ET AL. 557

503 Complaint

EXHIBIT H

A NEW LOOK ON LIFE

PCM enables people to participate in activities that were previously difficult or even impossible without lenses, such as contact sports, swimming and working outdoors. The procedure also provides functional vision without glasses or contacts so that simple tasks such as reading an alarm clock or clearly seeing street signs are not difficult any more.

PATIENT COMMENTS

"I shifted from soft contact lenses to PCM, and I can see 20/20 when I take them off!" - T.K.

"I have been through the program and I am very happy with it, and I am bringing my daughter in to do it." - A.S.

"I never realized how precious the gift of sight was until I went through the procedure." - A.S.

"I am very happy with the program and I would recommend PCM with no reservations." - D.M.

JMH 000233

Decision and Order 124 F.T.C.

DECISION AND ORDER

The Federal Trade Commission having initiated an investigation of certain acts and practices of the respondents named in the caption hereof, and the respondents having been furnished thereafter with a copy of a draft of complaint which the Bureau of Consumer Protection proposed to present to the Commission for its consideration and which, if issued by the Commission, would charge respondents with violation of the Federal Trade Commission Act; and

The respondents and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondents of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the law has been violated as alleged in such complaint, or that the facts as alleged in such complaint, other than jurisdictional facts, are true, and waivers and other provisions as required by the Commission's Rules; and

The Commission having thereafter considered the matter and having determined that it had reason to believe that the respondents have violated the said Act, and that a complaint should issue stating its charges in that respect, and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 2.34 of its Rules, the Commission hereby issues its complaint, makes the following jurisdictional findings and enters the following order:

1.a. Respondent Mid-South PCM Group, P.C. ("Mid South"), is a Tennessee corporation, with its principal office or place of business at 2865 Summer Oaks Drive, Bartlett, TN.

1.b. Respondent Eye and Vision Clinic, P.C. ("Vision Clinic"), is a Tennessee corporation, with its principal office or place of business at 2865 Summer Oaks Drive, Bartlett, TN.

1.c. Respondent International Computerized Orthokeratology Society, Inc. ("ICOKS"), is a Tennessee corporation, with its principal office or place of business located at 2865 Summer Oaks Drive, Bartlett, TN.

1.d. Respondent J. Mason Hurt, O.D., is the sole owner and President of the corporate respondents. He formulates, directs, and controls the policies, acts or practices of the corporate respondents.

MIDSOUTH PCM GROUP, P.C., ET AL. 559

503 Decision and Order

His principal office or place of business is the same as that of the corporate respondents.

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.

ORDER

DEFINITIONS

For the purposes of this order, the following definitions shall apply:

1. "Competent and reliable scientific evidence" shall mean tests, analyses, research, studies, or other evidence based on the expertise of professionals in the relevant area, that has been conducted and evaluated in an objective manner by persons qualified to do so, using procedures generally accepted in the profession to yield accurate and reliable results.

2. "Clearly and prominently" shall mean:

A. In a television or video advertisement, the disclosure shall be presented simultaneously in both the audio and video portions of the advertisement. The audio disclosure shall be delivered in a volume and cadence sufficient for an ordinary consumer to hear and comprehend it. The video disclosure shall be of a size and shade, and shall appear on the screen for a duration, sufficient for an ordinary consumer to read and comprehend it.

B. In a radio advertisement, the disclosure shall be delivered in a volume and cadence sufficient for an ordinary consumer to hear and comprehend it.

C. In a print advertisement, the disclosure shall be in a type size, and in a location, that are sufficiently noticeable so that an ordinary consumer will see and read it, in print that contrasts with the background against which it appears. In multipage documents, the disclosure shall appear on the cover or first page.

D. In an advertisement on any electronic media received by consumers via computer, such as the Internet's World Wide Web or commercial on-line computer services, the disclosure shall be in a type size, and in a location, that are sufficiently noticeable so that an ordinary consumer will see and read it, in print that contrasts with the background against which it appears. In multi-screen documents, the

Decision and Order 124 F.T.C.

disclosure shall appear on the first screen and on any screen containing ordering information.

Nothing contrary to, inconsistent with, or in mitigation of the disclosure shall be used in any advertisement. 3. "Refractive vision deficiency" shall mean any vision deficiency treatable by corrective lenses, including but not limited to nearsightedness (myopia), farsightedness (hyperopia), astigmatism (distorted vision), and presbyopia (aging eyes). 4. "Substantially similar service" shall mean any ophthalmic service or procedure using contact lenses or similar devices to modify the shape of the cornea and reduce or eliminate refractive vision deficiencies.

5. Unless otherwise specified, "respondents" shall mean Mid-South PCM Group, P.C., Eye and Vision Clinic, P.C., and International Computerized Orthokeratology Society, corporations, their successors and assigns and their officers; J. Mason Hurt, O.D., individually and as an officer of the corporations; and each of the above's agents, representatives and employees. 6. "Commerce" shall mean as defined in Section 4 of the Federal Trade Commission Act, 15 U.S.C. 44.

I.

It is ordered, That respondents, directly or through any partnership, corporation, subsidiary, division, or other device, including franchisees or licensees, in connection with the advertising, promotion, offering for sale, sale, or distribution of Precise Corneal Molding ("PCM") services or any substantially similar service, in or affecting commerce, shall not represent, in any manner, expressly or by implication, that:

A. Such service provides a cure for any refractive vision deficiency thereby permanently eliminating the need for all corrective eyewear, including eyeglasses and contact lenses; B. All people can achieve normal vision without eyeglasses or contact lenses on a permanent basis if they wear devices used with such service occasionally or at night; C. Such service has been approved by the Federal Aviation Administration and all branches of the United States military for use in correcting refractive vision deficiencies; or

MIDSOUTH PCM GROUP, P.C., ET AL. 561

503 Decision and Order

D. Studies at the University of Houston College of Optometry (1976-77), University of California at San Diego Medical School (1980), University of California at Berkeley College of Optometry (1982-83), and Pacific University College of Optometry (1984), prove that such service is safe and effective in correcting nearsightedness, farsightedness, and astigmatism.

II.

It is further ordered, That respondents, directly or through any partnership, corporation, subsidiary, division, or other device, including franchisees or licensees, in connection with the advertising, promotion, offering for sale, sale, or distribution of PCM services or any substantially similar service, in or affecting commerce, shall not make any representation, in any manner, expressly or by implication, about:

A. The number of people who can achieve normal vision without eyeglasses or contact lenses on a permanent basis if they wear devices used with such service occasionally or at night;

B. The number of people who will experience stabilized vision after only a few weeks or months of treatments under such service;

C. The ability of such service to prevent or reverse deteriorating nearsightedness in children;

D. The comparative safety of such service and contact lenswear;

E. The comparative effectiveness of such service and refractive surgical methods in eliminating nearsightedness, farsightedness, or any form of astigmatism; or

F. The number of people whom such service has helped achieve normal vision;

unless, at the time the representation is made, respondents possess and rely upon competent and reliable scientific evidence that substantiates the representation.

III.

It is further ordered, That respondents, directly or through any partnership, corporation, subsidiary, division, or other device, including franchisees or licensees, in connection with the advertising, promotion, offering for sale, sale, or distribution of any service, procedure, or product in or affecting commerce, shall not

Decision and Order 124 F.T.C.

misrepresent, in any manner, expressly or by implication, the existence, contents, validity, results, conclusions or interpretations of any test, study, or research.

IV.

It is further ordered, That respondents, directly or through any partnership, corporation, subsidiary, division, or other device, including franchisees or licensees, in connection with the advertising, promotion, offering for sale, sale, or distribution of any service, procedure, or product in or affecting commerce, shall not represent, in any manner, expressly or by implication, that such service, procedure, or product is endorsed or approved by any governmental or professional organization or association, or complies with or meets standards or guidelines for such services, procedures, or products established by any such organization or association, unless such is the case.

V.

It is further ordered, That respondents, directly or through any partnership, corporation, subsidiary, division, or other device, including franchisees or licensees, in connection with the advertising, promotion, offering for sale, sale, or distribution of any service, procedure, or product, in or affecting commerce, shall not represent, in any manner, expressly or by implication, that the experience represented by any user testimonial or endorsement of the service, procedure, or product represents the typical or ordinary experience of members of the public who use the service, procedure, or product, unless:

A. The representation is true and, at the time it is made, respondents possess and rely upon competent and reliable scientific evidence that substantiates the representation; or

B. Respondents disclose, clearly and prominently, and in close proximity to the endorsement or testimonial, either:

1. What the generally expected results would be for users of the service, procedure, or product, or

2. The limited applicability of the endorser's experience to what consumers may generally expect to achieve, that is, that consumers should not expect to experience similar results.

MIDSOUTH PCM GROUP, P.C., ET AL. 563

503 Decision and Order

For purposes of this Part, "endorsement" shall mean as defined in 16 CFR 255.0(b).

VI.

It is further ordered, That respondents, directly or through any partnership, corporation, subsidiary, division, or other device, including franchisees or licensees, in connection with the advertising, promotion, offering for sale, sale, or distribution of ophthalmic services, procedures, or products, purporting to treat, mitigate, or cure any refractive vision deficiency, in or affecting commerce, shall not make any representation, in any manner, expressly or by implication, about the relative or absolute efficacy, performance, benefits, safety, or success of any such service, procedure, or product, unless the representation is true and, at the time the representation is made, respondents possess and rely upon competent and reliable scientific evidence that substantiates the representation.

VII.

It is further ordered, That respondents shall:

A. Not disseminate to any optometrist or eye care provider any material containing any representations prohibited by this order;

B. Send by certified mail, return receipt requested, an exact copy of the notice attached hereto as Attachment A to each optometrist or eye care provider with whom respondents have done business since January 1, 1994, within thirty (30) days of the date this order becomes final, to the extent that such persons are known to respondents through a diligent search of their records, including but not limited to computer files, sales records, and inventory lists. The mailing shall not include any other documents; and,

1. In the event that respondents receive any information that subsequent to receipt of Attachment A any optometrist or eye care provider mentioned in subpart B of this part is using or disseminating any advertisement or promotional material that contains any representation prohibited by this order, respondents shall immediately notify the optometrist or eye care provider that respondents will terminate said optometrist or eye care provider's right to market and/or perform PCM ortho-k if he or she continues to use such advertisements or promotional materials; and,

Decision and Order 124 F.T.C.

2. Terminate any optometrist or eye care provider mentioned in subpart B of this part about whom respondents receive any information that such person has continued to use advertisements or promotional materials that contain any representation prohibited by this order after receipt of the notice required by subpart B of this part;

C. For a period of three (3) years following service of this order, send by certified mail, return receipt requested, an exact copy of the notice attached hereto as Attachment A to each optometrist or eye care provider with whom respondents do business after the date of service of this order who has not previously received the notice. Such notices shall be sent no later than the earliest of: (1) the execution of a sales or training agreement or contract between respondents and the prospective optometrist or eye care provider; or (2) the receipt and deposit of payment from a prospective optometrist or eye care provider of any consideration in connection with the sale of any service or rights associated with PCM ortho-k. The mailing shall not include any other documents.

VIII.

It is further ordered, That respondents Mid-South, Vision Clinic, and ICOKS, and their successors and assigns, and respondent J. Mason Hurt, O.D., shall, for five (5) years after the last date of dissemination of any representation covered by this order, maintain and upon request make available to the Federal Trade Commission for inspection and copying:

A. All advertisements and promotional materials containing the representation;

B. All materials that were relied upon in disseminating the representation; and

C. All tests, reports, studies, surveys, demonstrations or other evidence in their possession or control that contradict, qualify, or call into question the representation, or the basis relied upon for such representation, including complaints and other communications with consumers or with governmental or consumer protection organizations.

MIDSOUTH PCM GROUP, P.C., ET AL. 565

503 Decision and Order

IX.

It is further ordered, That respondents Mid-South, Vision Clinic, and ICOKS, and their successors and assigns, and respondent J. Mason Hurt, O.D., shall deliver a copy of this order to all current and future principals, officers, directors, and managers, and to all current and future employees, agents, independent contractors and representatives having responsibilities with respect to the subject matter of this order. Respondents shall deliver this order to current personnel within thirty (30) days after the date of service of this order, and to future personnel within thirty (30) days after the person assumes such position or responsibilities.

X.

It is further ordered, That respondents Mid-South, Vision Clinic, and ICOKS, and their successors and assigns, shall notify the Commission at least thirty (30) days prior to any change in their legal form of organization, including but not limited to dissolution, assignment, sale or other change that would result in the emergence of a successor partnership(s) or corporation(s), the creation or dissolution of a subsidiary, parent, or affiliate that engages in any acts or practices subject to this order; the proposed filing of a bankruptcy petition; or a change in respondents' name or address. Provided, however, that, with respect to any proposed change in respondents' legal form about which respondents learn less than thirty (30) days prior to the date such action is to take place, respondents shall notify the Commission as soon as is practicable after obtaining such knowledge. All notices required by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C.

XI.

It is further ordered, That respondent J. Mason Hurt, O.D., for a period of five (5) years after the date of issuance of this order, shall notify the Commission of the discontinuance of his current businesses or employment, or of his affiliation with Mid-South, Vision Clinic, or ICOKS, or of his affiliation with any new business or employment. The notice shall include the respondent's new business address and telephone number and a description of the nature of the business or employment and his duties and responsibilities. All notices required

Decision and Order 124 F.T.C.

by this Part shall be sent by certified mail to the Associate Director, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, Washington, D.C.

XII.

It is further ordered, That respondents Mid-South, Vision Clinic, and ICOKS, and their successors and assigns, and respondent J. Mason Hurt, O.D., shall, within sixty (60) days after the date of service of this order, and one year thereafter, file with the Commission a report, in writing, setting forth in detail the manner and form in which they have complied with this order.

XIII.

This order will terminate on November 5, 2017, or twenty (20) years from the most recent date that the United States or the Federal Trade Commission files a complaint (with or without an accompanying consent decree) in federal court alleging any violation of the order, whichever comes later; provided, however, that the filing of such a complaint will not affect the duration of:

A. Any Part in this order that terminates in less than twenty (20) years;

B. This order's application to any respondent that is not named as a defendant in such complaint; and

C. This order if such complaint is filed after the order has terminated pursuant to this Part.

Provided further, that if such complaint is dismissed or a federal court rules that the respondents did not violate any provision of the order, and the dismissal or ruling is either not appealed or upheld on appeal, then the order will terminate according to this Part as though the complaint had never been filed, except that the order will not terminate between the date such complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date such dismissal or ruling is upheld on appeal.

MIDSOUTH PCM GROUP, P.C., ET AL. 567

503 Decision and Order

ATTACHMENT A

BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED [To Be Printed on International Computerized Orthokeratology Society, Inc. letterhead]

[date]

Dear [optometrist or eye care provider]:

Mid-South PCM Group, P.C., International Computerized Orthokeratology Society, Inc., Eye and Vision Clinic, P.C., and J. Mason Hurt, O.D., recently settled a civil dispute with the Federal Trade Commission (FTC) and the States of Arizona, Illinois, Missouri, Tennessee, and Texas (the States) involving advertising claims for our Precise Corneal Molding (PCM ortho-k) service. As a part of the settlement, we must make sure that you stop using or distributing advertisements or promotional materials that you may have previously received that include these claims.

Our settlements with the FTC and the States prohibit us from making false or unsubstantiated claims for PCM ortho-k or any "substantially similar service," defined as "any ophthalmic service or procedure using contact lenses or similar devices to modify the shape of the cornea and reduce or eliminate refractive vision deficiencies." Please see the attached FTC Complaint and Agreement Containing Consent Order for detailed information. Although we do not admit that the FTC's allegations are true, we have agreed to send this letter as a part of our settlement with the FTC.

Sincerely yours,

J. Mason Hurt, O.D.

President International Computerized Orthokeratology Society, Inc.

Complaint 124 F.T.C.

IN THE MATTER OF

BLUE CORAL, INC., ET AL.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT

Docket 9280. Complaint, July 12, 1996--Decision, Dec. 9, 1997

This consent order prohibits Blue Coral, Inc., Blue Coral - Slick 50, Inc., and Blue Coral - Slick 50, Ltd., successors-in-interest to Quaker State - Slick 50, Inc., Slick 50 Management, Inc., Slick 50 Products Corp. and Slick 50 Corp., among other things, from making any claims about the performance, benefits, efficacy, attributes or use of any engine treatment, oil additive, or Slick 50 engine lubricant, unless the companies possess and rely on competent and reliable evidence to substantiate the claims. In addition, it prohibits the companies from claiming that any other Slick 50 motor vehicle lubricant reduces wear on a part, extends the part's life, lowers engine temperature, reduces toxic emissions, increases gas mileage or increases horsepower, unless they can substantiate the claim. The respondents also will be required to notify resellers of the product about the settlement with the Commission and the restrictions on advertising claims. Finally, the consent order holds open the option that the Commission may seek consumer redress.

Appearances

For the Commission: Lawrence Hodapp, Robert Frisby, Jonathan Cowen and Laura DeMartino.

For the respondents: William MacLeod, Collier, Shannon, Rill & Scott, Washington, D.C.

COMPLAINT

The Federal Trade Commission, having reason to believe that Quaker State - Slick 50, Inc., a corporation; Slick 50 Management, Inc., a corporation; Slick 50 Products Corp., a corporation; and Slick 50 Corp., a corporation, or their predecessors-in-interest ("respondents"), have violated the provisions of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges:

PARAGRAPH 1. Respondent Quaker State - Slick 50, Inc. ("Quaker State - Slick 50"), is a Delaware corporation, with its office and principal place of business located at 1187 Brittmoore Road, Houston, Texas 77043. Quaker State - Slick 50 is a holding company for Slick 50 Management, Inc., and is the successor-in-interest to