Health

U.S. Court Halts Contentious Law on Contact Lens Price-Fixing

Published

10 years ago

May 15, 2015

A contact lens is shown in front of a 1-800-Contacts shipping box Wednesday, May 13, 2015, in Salt Lake City. A law banning price-fixing for contact lenses that took effect this week in Utah is a setback for the nation’s largest manufacturers that could have ripple effects across the country amid an increasingly bitter fight with discount retailers. (AP Photo/Rick Bowmer)

Lindsay Whitehurst, ASSOCIATED PRESS

SALT LAKE CITY (AP) — A federal appeals court has halted a new Utah law banning price-fixing for contact lenses that could have wide-ranging implications for the industry amid a fight between manufacturers and discount retailers.

Lens maker Alcon Laboratories cheered the order Thursday. Along with Johnson & Johnson and Bausch & Lomb, the company says the law is an unconstitutional overreach written to benefit Utah-based online discount retailer 1-800 Contacts.

The measure halted by the appeals court would allow 1-800 Contacts, one of the nation’s biggest lens suppliers, to disregard minimum prices set by the manufacturers and sell discount lenses across state lines, according to Steve DelBianco, executive director of the trade group NetChoice.

That would be good for customers because they’d be paying less for their contacts, he says. But the manufacturers argue setting minimum prices protects eye doctors from being undercut.

At stake is control of a roughly $4 billion market with some 38 million American customers.

Many contact lens sales come from eye doctors. But discount retailers have been growing in recent years, and 1-800 Contacts has captured about 10 percent of the national market, according to court papers.

The order issued late Wednesday from the 10th U.S. Circuit Court of Appeals in Denver puts the Utah law on hold as a legal challenge plays out. It reverses a lower court ruling from U.S. District Judge Dee Benson, who found the law is a legal antitrust measure and allowed it to take effect this week.

Utah’s state attorneys declined to comment.

The law targets a pricing program that the manufacturers started using about two years ago. If retailers sell lenses cheaper than the minimum prices, the manufacturers that dominate the market pull their products.

Republican state Sen. Deidre Henderson, who sponsored the measure, has called the pricing minimums predatory and anticompetitive.

Discount giant Costco says the rules forced it to raise prices by more than 20 percent on some brands. The popular Acuvue Oasys brand increased from about $52 for a 12-pack to about $68 last year, according to court papers.

The minimum price rules also have drawn ire elsewhere, sparking 40 class-action lawsuits across the country and scrutiny from Congress since the manufacturers started setting them about two years ago, according to Benson’s ruling. Nine states have considered legislation similar to that passed in Utah.

Henderson said the measure was written to bolster competition rather than help 1-800 Contacts, but he has been vague on whether it will allow Utah-based companies like 1-800 Contacts to sell at discounted rates to customers outside the state. The manufacturers say that would violate interstate commerce regulations.

A constitutional law expert said the law doesn’t appear to violate those rules because it doesn’t give perks to a local company or clash with laws in other states.

But University of Michigan law professor Richard Primus says a provision that allows Utah’s attorney general to sue manufacturers who withhold their product from discount sellers could be on shakier legal ground.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

###

Oakland Post

Posts by Oakland Post

Activism

A Student-Run Group Provides Critical Support Services to Underserved Residents

Those visiting The Suitcase Clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers. Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.

Published

13 hours ago

December 18, 2024

Oakland Post

UC Berkeley Law Students help a clinic visitor with legal advice at their Tuesday night services. The Clinic offers a variety of resources, including medical, to those in the community who have little access to these services. Photo by Magaly Muñoz

Part One

By Magaly Muñoz

Every Tuesday evening, the dining hall of First Presbyterian Church fills up with dozens of people eating, laughing and moving from table to table, receiving much-needed services from UC Berkeley students – just a few blocks away from the university’s campus.

Individuals seeking support services can be found in this multi-stationed room on the south end of the church talking to law students, student case managers, or receiving medical attention in a corner by healthcare professionals.

This weekly event is hosted by Cal students through a volunteer-run program called The Suitcase Clinic.

The clinic, founded in 1989, was intended to offer free resources to underserved communities in Berkeley and surrounding cities. The majority of the clinic’s clientele are unhoused or low-income people looking for extra support.

Those visiting the clinic can get legal advice, sign up for food assistance, receive housing resources, get medical help, or enjoy a hot, fresh meal. They can also get haircuts and foot washes from the student volunteers.

Nilo Golchini, executive director of the clinic, said one of the goals for most of the students working there is helping bridge the gap of trust that exists between many unhoused people and the healthcare and social welfare systems.

During their tenure in the program, many of the students say they become strong advocates for homelessness rights.

Visitors of the Suitcase Clinic can receive haircuts and foot washing by student volunteers every Tuesday evening. Photo by Magaly Muñoz.

“We’re also standing in solidarity with them. So, it’s not saying, ‘I’m going to help you, but I’m also going to stand with you,’” Golchini said.

Student volunteers get extensive training prior to working directly with clients. Those interested have to take a semester-long class to become versed in areas such as outreach, intersectionality, how to interact with unhoused people, how to sign people up for social services. and more.

Volunteers then get to pick from three different clinics: General, Women’s, or Youth and LGBTQ+.

The General Clinic is the most popular among visiting residents, while Women’s and Youth/LQBTQ+ have more specialized services for attendees.

The Women’s Clinic has many of the similar services to General, but also includes nail painting, childcare, and massages.

The Youth and LGBTQ+ Clinic offers a safe space for young people navigating living on the streets, with services that include housing referrals, wellness and recreation classes and employment resources.

Golchini explained that it’s important for them to keep these clinics separate because the different demographics experience poverty and homelessness differently than those who visit the General Clinic.

Suitcase Clinic student workers posing for a photo with a frequent clinic attendee. The Clinic is open to Berkeley unhoused and low-income residents who need medical or legal service, or a hot meal. Photo by Magaly Muñoz.

“We’re able to provide spaces where people can come in and feel safe and not feel like they’re constantly worried that something’s going to happen to them,” she said.

An outreach team also visits encampments every other Saturday in the Berkeley area to provide hygiene kits and encourage people to visit the in-person clinic, if possible.

However, Golchini said engagement has been low for some time now due to a recent decision by the U.S. Supreme Court that allows cities to ban and cite people for sleeping on the streets.

She said a lot of their clientele got displaced to other cities over time, making it difficult to stay in contact with the services the Clinic was providing for them.

But that hasn’t slowed down the students at the Clinic, if anything, it has pushed them to do more for the community they serve.

Oakland Post

Posts by Oakland Post

Activism

Delta Sigma Theta Alumnae Chapters Host World AIDS Day Event

With members from Berkeley Bay Area, Oakland East Bay (OEB) and Hayward Tri-City chapters present, the event opened with Oakland City Councilmember Treva Reid sharing data and legislation that has passed to address the safety, health, and well-being of Black women in the state of California. Attendees were able to learn directly from expert guest speakers, including Shimere Harrington from ViiV Healthcare, Barbara Green-Ajufo, an epidemiologist from UCSF Center for AIDS Prevention Studies (CAPS), and Dot Theodore, director of the HIV Care Program Division of Center for Disease Control and Prevention (CDC) for Alameda County.

Published

1 week ago

December 10, 2024

Oakland Post

Petrina A. Perteet, Takija Gardner and Oakland City Councilmember Treva Reid at the World AIDS Day event on Dec. 1. Photo by Kevin Hicks.

By Don-Neva E. Johnson and Petrina Alexander Perteet
Special to The Post

The International Awareness and Involvement (IA&I) committees of East Bay chapters of Delta Sigma Theta Inc. proudly hosted a successful World AIDS Day event on Dec.1, bringing together community members, healthcare professionals, and advocates to raise awareness and support the fight against HIV/AIDS.

Attendees were able to learn directly from expert guest speakers, including Shimere Harrington from ViiV Healthcare, Barbara Green-Ajufo, an epidemiologist from UCSF Center for AIDS Prevention Studies (CAPS), and Dot Theodore, director of the HIV Care Program Division of Center for Disease Control and Prevention (CDC) for Alameda County.

The speakers provided valuable insights into the current state of HIV/AIDS, advancements in treatment, and the importance of prevention and support.

L-R Petrina A. Perteet, Dr. Natalie Wilson, Don-Neva Johnson, Tracy Diop, Sonji Walker and Takija Gardner were part of the World AIDS Day event. Photo by Kevin Hicks.

“The outcome of this day is more than what we could have hoped for, and we are deeply grateful for the participation of our distinguished speakers and the support of our sponsors,” said Don-Neva Johnson and Tracy Diop, IA&I committee chairs for Berkeley Bay Area and Hayward Tri-City.

“Their contributions helped us create an informative and empowering event for our community,” said event organizer Dr. Natalie Wilson, associate professor of UCSF School of Nursing and IA&I committee chair.

Held at the Samuel Merritt Health Education Center at 400 Hawthorne Ave. in Oakland, the event was made possible by the generous support of sponsors ViiV healthcare, Gilead Sciences, and Good Health WINs. Attendees received gift bags and had the opportunity to engage with educational tables from Gilead, participate in a Q&A session with speakers led by Wilson.

Delta Sigma Theta Incorporated is an organization of college-educated women committed to the development of its members and offer public service with a primary focus on the Black community. We are dedicated to empowering our communities through education, advocacy, and support around the world.

Oakland Post

Posts by Oakland Post

Activism

Outgoing D.A. Pamela Price Releases Report on County Gun Violence Epidemic

The 84-page report is divided into two parts: the Public Health Impact of Violence and the Contribution of Structural Inequalities; and the Public Safety Impact of Gun Violence and the Regulation of Firearms. Each section documents trends in rising gun violence in the wake of the COVID-19 pandemic, with special attention to the rise in gun-related deaths of women and children in Alameda County. Each section advises innovative approaches for the County to address gun violence and build safe communities.

Published

1 week ago

December 8, 2024

Oakland Post

Exclusive interview with County D.A. Price days before recall election. Photo by Ken Epstein.

Pamela Price was recalled in the election on Nov. 5. File photo.

By Post Staff

Criminal Justice Reformer District Attorney Pamela Price, who is leaving office this week after losing a recall election, released a comprehensive report on the gun violence epidemic and public health emergency in Alameda County: “Tackling Gun Violence Epidemic in Alameda County: A Public Health Emergency (2019-2023).”

This report represents an unprecedented collaboration between public safety and public health partners and provides data and recommendations to guide the County’s continued work to reduce violence while advancing justice reform.

Each section documents trends in rising gun violence in the wake of the COVID-19 pandemic, with special attention to the rise in gun-related deaths of women and children in Alameda County. Each section advises innovative approaches for the County to address gun violence and build safe communities.

“Between 2019 to 2023, an average of three residents were killed by firearms each week in Alameda County, and behind every statistic is a shattered family and community,” said Price.

“Under my administration, the DA’s office has taken bold steps to combat gun violence while promoting equity and healing for survivors,” she said.

The report highlights strategies for keeping guns out of the hands of dangerous people. Last month, the DA’s office secured a $5.5 million grant from the California Judicial Council to help improve compliance and case management for gun cases and gun relinquishment orders —the removal of guns from people prohibited from possessing a firearm – with law enforcement and court partners.

This effort builds on Price’s work in 2023 and 2024 in attacking the gun violence epidemic.

“We launched an innovative Gun Violence Restraining Order Outreach Project to educate communities about the availability of tools to remove guns and ammunition from people who are a danger to themselves and others and the intersectionality of domestic violence and gun violence and convened gun violence roundtable conversations with our law enforcement partners and collaborated with the Alameda County Public Health Department to produce this comprehensive report,” she said.

“We supported Oakland’s CEASEFIRE program through its transition and implemented a pilot Mentor Gun Diversion Program with our collaborative court partners, offering non-violent youth in possession of a gun pathways to interrupt the potential for escalating harm.” added Price.