SAN RAFAEL, CA — A judge in California has ordered Bausch & Lomb Inc. to pay $135,000 as part of a settlement related to packaging of contact lens solution and eye drops.
The consent judgment agreed to by Bausch & Lomb resolves allegations made in a civil enforcement lawsuit filed in Marin County and brought by the district attorneys of Marin, Riverside, and Yolo counties.
The suit alleged that within the past four years, Bausch & Lomb sold in California its PeroxiClear hydrogen peroxide contact lens solution and Alaway antihistamine eye drops in oversized packaging that contained empty and nonfunctional space.
The lawsuit alleged that such packaging constituted false representations to the public by implying that the products filled the entire package.
The three counties will split the civil penalties portion of $126,398 and use the money for further enforcement of consumer protection laws.
Marin County District Attorney Edward S. Berberian said, “My office brings consumer protection actions for deceptive packaging because retail packaging should enable consumers to obtain accurate information about the products they are purchasing and should facilitate value comparisons. Packaging with nonfunctional slack fill defeats the ability to do so.”
Bausch & Lomb “was cooperative throughout the investigation and swiftly took measures to eliminate or change any unlawful packaging for the affected products,” according to a press release from Berberian’s office.
The consent judgment is applicable to Bausch & Lomb’s 3-fluid-ounce PeroxiClear product only and the Alaway product as well as private label versions (excluding the Equate-branded version) of the Alaway product.