What's happening
This bill establishes the Contact Lens Consumer Protection Act, requiring manufacturers to make contact lenses available fairly to all retailers and certifying compliance to the state.
Why it matters
Expands consumer choice and access. By requiring manufacturers to make contact lenses available to all types of retailers—including online, mail order, and traditional stores—it limits the ability of manufacturers to restrict sales to preferred channels, potentially lowering prices and increasing convenience for consumers.
Introduces transparency and accountability. Manufacturers must regularly certify to the state which contact lens brands are available and confirm when products are no longer offered, allowing regulators to monitor compliance and prevent anti-competitive practices.
Protects against anti-competitive behavior. The law prevents manufacturers from discriminating among retailers, but explicitly allows exceptions—such as not forcing sales to direct competitors or sellers in violation of relevant laws—balancing consumer protection with legitimate business interests.
Establishes enforcement mechanisms. Penalties for noncompliance can include misdemeanors and civil actions initiated by the attorney general, giving the law real teeth and deterring manufacturers from circumventing its requirements.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Contact Lens Buyers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4337
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to establishing the contact lens consumer protection act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "contact lens consumer protection act".
§ 2. Legislative intent. The legislature hereby finds and declares it necessary and in good policy of the state to protect the health and safety of consumers while allowing consumers the opportunity and freedom to choose the retailer of his or her choice. This act ensures consumers are not unreasonably denied the opportunity to choose a retailer and consumers remain protected.
§ 3. The general business law is amended by adding a new article 27-B to read as follows:
ARTICLE 27-B
CONSUMER CONTACT LENS PROTECTION Section 429-a. Definitions.
429-b. Certification of availability of contact lenses;
exceptions.
429-c. Violations; penalties.
§ 429-a. Definitions. The following terms shall have the following meanings when used in this article:
1. The term "alternative channels of distribution" shall mean any mail order company, internet retailer, pharmacy, buying club, department store or mass merchandise outlet, without regard to whether it is associated with a prescriber, unless the account meets the definition of a competitor as provided for in this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08936-01-7
A. 4337 2
2. The term "competitor" shall mean an entity that manufactures contact lenses and sells those lenses within the state in direct competition with any other manufacturer.
3. The term "manufacturer" shall mean a manufacturer and its parent companies, subsidiaries, affiliates, successors and assigns.
4. The term "prescriber" shall mean an individual licensed or authorized to prescribe contact lenses under this article.
§ 429-b. Certification of availability of contact lenses; exceptions. 1. Beginning July first, two thousand seventeen, a manufacturer of contact lenses doing business in the state shall certify by affidavit to the attorney general those brands of contact lenses produced, marketed, distributed or sold by the manufacturer in the state that are made available in a commercially reasonable and nondiscriminatory manner to (a) prescribers, (b) entities associated with prescribers and (c) alternative channels of distribution. Notwithstanding any other provision of law, a manufacturer shall only sell, market or distribute lenses in the state that have been certified under this section.
2. This section shall not apply to:
(a) rigid gas permeable lenses;
(b) bitoric gas permeable lenses;
(c) bifocal gas permeable lenses;
(d) keratoconus lenses;
(e) custom soft toric lenses that are manufactured for an individual patient and are not mass marketed or mass produced; and
(f) custom designed lenses that are manufactured for an individual patient and are not mass marketed or mass produced.
3. Any time a contact lens brand ceases to be made available after July first, two thousand seventeen, the manufacturer shall immediately certify that fact by affidavit to the attorney general.
4. Nothing in this section shall be intended or construed to require a manufacturer to:
(a) sell to a competitor;
(b) sell contact lenses to different contact lens distributors or customers at the same price;
(c) open or maintain any account for a contact lens seller who is not in substantial compliance with applicable state and federal laws regarding the sale of contact lenses;
(d) decide whether a low-volume account with a contact lens seller is a direct account or handled through a distributor; or
(e) sell to customers in all geographic areas, lenses that are being test marketed on a limited basis in restricted geographic areas.
§ 429-c. Violations; penalties. 1. Any person who knowingly and intentionally violates this section is guilty of a misdemeanor.
2. The attorney general may bring a civil action or seek an injunction and a civil penalty against a person, entity or manufacturer who violates this section.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.