Circuit court grants injunction of Utah UPP ban

The 10^th Circuit Court of Appeals entered a temporary injunction on a Utah law that would prohibit the use of unilateral pricing policies for contact lenses sold in the state.

In response to an appeal filed jointly by Johnson & Johnson Vision Care, Alcon Laboratories and Bausch + Lomb, circuit judges Holmes and Phillips ordered the State of Utah and 1-800 CONTACTS “to respond to the motions for injunction pending appeal,” the order read.

Costco Wholesale Corp. was also invited to respond “if they intend to participate in these appeals,” it continued.

The responses must be filed by May 26, and “the temporary injunction will be in effect until further order of this court,” the order read.

Johnson & Johnson, Alcon and Bausch + Lomb provided statements to Primary Care Optometry News saying they believe the Utah law violates the Commerce Clause of the U.S. Constitution.

“We stand behind our lawful business policy that makes pricing on Acuvue brand products simpler and more transparent and allows consumers to make purchasing decisions based on quality, clinical need and cost,” Johnson & Johnson stated. “This policy gets rid of complicated and seldom-redeemed rebates and has resulted in lower prices for 65% of Acuvue brand wearers. We remain committed to providing innovative and accessible eye care options to patients.”

“We are pleased that the court has provided this temporary relief while it assesses our appeal,” the statement from Alcon read. “Alcon … is hopeful the court will overturn the previous ruling.”

Bausch + Lomb declined to comment on the temporary injunction given the ongoing litigation, but the company previously released the following statement: “Bausch + Lomb’s consumer-focused policy is intended to promote investment and enhance innovation in the contact lens industry, and the U.S. Supreme Court has recently recognized the benefits of similar policies.”