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Essilor Unit Wins Online Eyewear Battle in Canada

The business can continue sales in Ontario, a court ruled.

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Clearly, part of Essilor Group of Canada Inc., has won a legal battle in Canada over the online sale of corrective eyewear.

A ruling by the Court of Appeal for Ontario allows such sales to continue in the province.

The College of Opticians of Ontario and the College of Optometrists of Ontario had sought an injunction to prohibit Clearly from dispensing prescription eyeglasses and contact lenses online in Ontario.

The College of Opticians has stated on its website that “the dispensing of corrective lenses is a controlled act, subject to Ontario legislation, that definitively requires a regulated health professional’s involvement,” adding: “Mail order over the internet without the involvement of an optometrist or optician is inconsistent with legislation.”

A lower court granted the injunction in early 2018, but Essilor appealed.

The appeals court dismissed the request for an injunction.

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Clearly operates from British Columbia and complies with that province’s regulatory structure.

The appeals court wrote: “The mere delivery in Ontario of an order for prescription eyewear that has been processed in compliance with the British Columbia regulatory regime, without more, does not establish a sufficient connection between Essilor’s online sales and the controlled acts proscribed by” the laws of Ontario’s.

The College of Optometrists of Ontario and the College of Opticians of Ontario said in a statement that they are “disappointed with the outcome of this appeal.”

“We will take time to conduct a more fulsome review of the decision and provide further information at a later date,” the organizations said.

They added: “In the interim, we want to reiterate that our Colleges firmly believe that the Internet can be an effective tool for providing vision care. We have already established protocols to support how Ontario optometrists and opticians use the Internet to care for their patients and regularly review our professional standards of practice to ensure they are keeping pace with changes in technologies and other innovations.”

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Since launching in 2014, INVISION has won 21 international journalism awards for its publication and website. Contact INVISION's editors at editor@invisionmag.com.

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For the third year in a row, Safilo has looked to trusted eyecare professionals to star in its American Eyes campaign for its Elasta and Emozioni collections.Their latest testimonials are from Peter Tacia, O.D. and Heidi Dancer, optician, of Alma, MI, talking about two best-selling collections: Elasta and Emozioni.

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Pharma Company with Eyecare Focus Names CEO

He previously served as interim chief.

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EMERYVILLE, CA — NovaBay Pharmaceuticals Inc., a biopharmaceutical company focusing on commercializing Avenova for the domestic eye care market, announces the appointments of Justin Hall as president and CEO and Jason Raleigh as chief financial officer.

Hall has served as interim president and CEO, and Raleigh as interim CFO, since March 2019.

“Justin and Jason have proven their leadership abilities by successfully implementing the shift in our U.S. commercial strategy we announced in March and executing the recent launch of our U.S. direct-to-consumer sales of Avenova on Amazon.com,” said Paul E. Freiman, chairman of NovaBay.

“This is a very exciting time at NovaBay as we launch Avenova Direct, making our leading lid and lash spray directly accessible to consumers without a prescription and at affordable pricing,” Hall said. “My close working relationships with our Board, principal investors, and sales force are key to quickly adjusting our strategy to rapidly address opportunities in the marketplace. We are on the move and we have momentum.”

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Raleigh said: “I’m honored to be selected as CFO and appreciate the Board’s trust in my abilities. I look forward to continuing to work with Justin and the NovaBay team toward the continued successful commercialization of Avenova.”

Hall has served with NovaBay for six years in a variety of roles, including as corporate counsel, and has been actively involved in a number of operating functions, including the sales organization and manufacturing. Raleigh has been with NovaBay for more than three years and has nearly 20 years of financial experience.

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AOA: Amazon Has Dropped Noncompliant Contact Lens Sellers

AOA plans to ‘continue to monitor the site and report retailers.’

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The American Optometric Association reports that Amazon’s marketplace no longer displays noncompliant, decorative contact lens vendors following complaints from the AOA.

The AOA explains that it had alerted the e-commerce retailer to potential violations of federal law and its own medical device policy.

In a Feb. 27 letter to Amazon, the AOA emphasized that contact lenses — whether corrective or plano — are U.S. Food and Drug Administration-regulated medical devices that not only require a prescription from a licensed practitioner for purchase, but also fall under Amazon’s own policy for “Medical Devices and Accessories.” That policy mandates how sellers must abide by all federal, state and local laws, which in this case, the AOA noted, includes patient protection provisions of the Fairness to Contact Lens Consumer Act (FCLCA).

Per federal law, vendors “may sell contact lenses only in accordance with a contact lens prescription for the patient that is (1) presented to the seller by the patient or prescriber directly or by facsimile; or (2) verified by direct communication.”

AOA’s letter noted: “The contact lenses available for sale on Amazon are sold entirely without a prescription, which we believe is an FCLCA violation.” Furthermore, “in addition to sales via (Amazon’s) platform raising legal questions related to the FCLCA, the guidance provided by sellers regarding these FDA-regulated medical devices is very concerning.”

The AOA’s letter document instructions from vendors such as “… gently press the contact lens opposite clockwise or counterclockwise turn 30 times [sic], and put in a box for a new care solution … if you do not use for a long time, please put in the box, soak with care solution [sic], replace the care solution every three days.”

Such guidance is “wholly inappropriate and dangerous,” the AOA states in a post on its website. It notes that proper physician oversight is necessary for medical devices that require a physician’s prescription.

According to AOA:

In response, Amazon thanked AOA for its diligence and reiterated its own medical devices policy while stating the company will take appropriate action when products are reported for legal non-compliance. As of June 4, those violating posts that AOA first identified and reported have been removed. The AOA will continue to monitor the site and report retailers.

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Ophthalmologists Hope to Undo State Law That Allows ODs to Perform Eye Surgery

They’re attempting a ballot referendum.

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A movement is afoot in Arkansas to undo recently passed state legislation that allows optometrists to perform certain surgeries.

It’s being led by Safe Surgery Arkansas, a group of medical doctors, Talk Business & Politics reports. They hope to use a ballot referendum to accomplish their goal.

R. Scott Lowery, president of the Arkansas Ophthalmological Society, was quoted saying: “Every day the people of Arkansas rely on medical doctors who have the experience and training to perform medical procedures to ensure that they are getting world class healthcare in Arkansas. We are confident that when the people are heard on this issue, they will not allow individuals without medical degrees and without surgical residencies to jeopardize the precious eyesight of Arkansans.”

The legislation was signed into law in March. The procedures that it allows optometrists to perform include selective laser trabeculoplasty and Nd:YAG laser procedures, along with injections (excluding intravenous and intraocular), removal of lid lesions and chalazion incision and curettage.

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The bill called on the Arkansas Board of Optometry to establish credentialing requirements for optometrists to perform these laser procedures, as well as require those doctors to report the outcomes of their procedures to the board.

Vicki Farmer, executive director of the Arkansas Optometry Association, was quoted noting that Arkansas legislators “overwhelmingly approved this measure during the recent session, after listening to hours of testimony and debate, and learning optometrists in other states, like Oklahoma, have been safely performing these procedures for more than 20 years.”

Read more at Talk Business & Politics

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