Contact Lenses Settlement
This class action lawsuit was filed in regards to the minimum retail pricing policies adopted by contact lenses manufacturers starting in June 2013. The complaint, filed on March 1, 2017, alleges that the Defendants used Unilateral Pricing Policies (UPPs) to avoid competition from discount and online stores. The safety and effectiveness of contact lenses manufactured by the Defendants are not at issue in this litigation.
The affected manufacturers include Johnson & Johnson Vision Care, Inc. (“JJVCI”), Alcon Vision, LLC (“Alcon”), CooperVision, Inc. (“CVI”), ABB Concise Optical Group, LLC (“ABB”) and Bausch & Lomb Inc. (“B&L”). If you have previously summitted a claim with one of these companies, you don’t need to submit a new claim.
Who’s Eligible?
Class members who can file a claim are persons and entities residing in the United States who made retail purchases of disposable contact lenses manufactured by Alcon, JJVCI, CVI, or B&L during the Settlement Class Period for their own use and not for resale, where the prices for such contact lenses were subject to a “Unilateral Pricing Policy” and the purchase occurred during the period when the Unilateral Pricing Policy was in effect. The Settlement Class Period is from June 1, 2013 to December 4, 2018.
Related: See All Settlement Rebates Here
Eligible Products
The disposable contact lenses that were subject to the UPPs, and the period during which each UPP was in effect, are set forth below:
| Contact Lens Type | UPP Price | Time Period in Effect |
|---|---|---|
| Alcon | ||
| Air Optix Colors | 2 Pack: $30.00 | June 2015 – December 2016 |
| 6 Pack: $84.00 | April 2014 – December 2016 | |
| Dailies AquaComfort Plus Multifocal | 30 Pack: $39.00 | January 2014 – December 2016 |
| 90 Pack: $89.00 | ||
| Dailies AquaComfort Plus Toric | 30 Pack: $34.00 | January 2014 – December 2016 |
| 90 Pack: $79.00 | ||
| Dailies Total 1 | 30 Pack: $39.00 | June 2013 – December 2016 |
| 90 Pack: $95.00 | ||
| Dailies Total 1 Multifocal | 30 Pack: $50.00 | July 2016 – December 2016 |
| 90 Pack: $124.00 | ||
| B&L* | ||
| BioTrue ONEday for Presbyopia | 30 Pack: $33.00 | June 2014 – February 2017 |
| 90 Pack: $89.00 | December 2016 – February 2017 | |
| Ultra | 6 Pack: $60.00 | February 2014 – February 2017 |
| Ultra for Presbyopia | 6 Pack: $85.00 | March 2016 – February 2017 |
| CVI | ||
| Biofinity Energys | 6 Pack: $60.00 | July 2016 – December 2017 |
| Biofinity XR Toric | 6 Pack: $140.00 | January 2016 – March 2017 |
| Clariti 1 Day | 90 Pack: $65.00 | January 2014 – March 2017 |
| Clariti 1 Day Multifocal | 30 Pack: $39.00 | January 2014 – March 2017 |
| 90 Pack: $89.00 | ||
| Clariti 1 Day Toric | 30 Pack: $34.00 | January 2014 – March 2017 |
| 90 Pack: $79.00 | ||
| MyDay | 90 Pack: $85.00 | June 2015 – March 2017 |
| 180 Pack: $149.00 | ||
| JJVCI | ||
| 1-Day Acuvue Define | 30 Pack: $40.00 | March 2015 – April 2016 |
| 90 Pack: $94.00 | ||
| 1-Day Acuvue Moist | 30 Pack: $33.00 | August 2014 – April 2016 |
| 90 Pack: $63.50 – $66.00 | ||
| 720 Pack: $450.00 – $460.00 | November 2014 – April 2016 | |
| 1-Day Acuvue Moist for Astigmatism | 30 Pack: $34.50 – $36.00 | August 2014 – April 2016 |
| 90 Pack: $82.50 – $85.50 | October 2014 – April 2016 | |
| 720 Pack: $600.00 | June 2015 – April 2016 | |
| 1-Day Acuvue Moist Multifocal | 30 Pack: $45.00 | May 2015 – April 2016 |
| 90 Pack: $99.00 | ||
| 1-Day Acuvue TruEye | 90 Pack: $82.50 | August 2014 – April 2016 |
| 720 Pack: $610.00 | November 2014 – April 2016 | |
| Acuvue Oasys for Astigmatism | 6 Pack: $40.00 – $41.50 | August 2014 – April 2016 |
| 48 Pack: $270.00 – $280.00 | June 2015 – April 2016 | |
| Acuvue Oasys for Presbyopia | 6 Pack: $40.00 – $41.50 | August 2014 – April 2016 |
| Acuvue Oasys with Hydraclear | 6 Pack: $36.00 | October 2014 – April 2016 |
| 12 Pack: $67.50 – $70.00 | July 2014 – April 2016 | |
| 24 Pack: $110 – $114.50 | August 2014 – April 2016 | |
| 54 Pack: $210.00 – $218.00 | ||
| Acuvue Oasys with Hydraluxe (a/k/a 1-Day Acuvue Oasys) |
90 Pack: $88.50 | August 2015 – April 2016 |
Settlement Payout
The Alcon and JJVCI Settlements will establish Settlement Funds of $20 million and $55 million, respectively. Customers that filed valid claims for purchases of lenses made by B&L, JJVCI and Alcon that were subject to a UPP will draw funds on a pro rata basis from all five Settlement Funds. Purchasers of lenses subject to CVI’s UPP who filed valid claims will draw funds on a pro rata basis from the CVI, ABB, Alcon, and JJVCI Settlement Funds.
There’s an estimated 40 million purchasers of disposable contact lenses that are eligible.
If you already submitted a timely and valid Proof of Claim as part of the earlier ABB, B&L, and/or CVI Settlement(s), you do not need to submit another Proof of Claim. You will automatically be included in the Alcon and JJVCI Settlements to receive a payment from the Alcon and JJVCI Net Settlement Funds. However, if you do not submit a timely and valid Proof of Claim as part of either of the ABB, B&L, and/or CVI Settlement(s), you must submit a Proof of Claim to share in the Alcon and JJVCI Net Settlement Funds by August 22, 2022. You will not be able to share in the Alcon and/or JJVCI Settlements(s) if you did not submit a timely and valid Proof of Claim.
Related: Read all news about lawsuits and settlements
Contact Lenses Settlement Details
- File claim here
- Rebate: Unknown
- Proof Required: N/A
- Settlement Pool: $75,000,000
- Filing Deadline: August 22, 2022
- Read Settlement Details Here
