Litigation
Settlement Supports
Role of Eye Care Professional
The health and safety of contact lens wearers has always
been the primary concern of VISTAKON®, Division of
Johnson & Johnson Vision Care, Inc. Now, as part of
a recent settlement agreement, 32 state Attorneys General
have agreed to enforce their state laws and regulations
regarding the sale and dispensing of ACUVUE® Brand
Contact Lenses. Eye Care Professionals (ECPs) play a key
role in this process.
“We’ve always believed that nothing should
compromise the eye health of our contact lens wearers,”
said Phil Keefer, President, VISTAKON® Americas. “The
best way to protect the eyes of lens-wearing consumers
is to make sure they get their lenses through sources
that follow federal and state dispensing laws and require
a valid prescription.”
The lawsuits brought to court in Jacksonville, FL, claimed
that VISTAKON® inflated the price that consumers paid
for its contact lenses through a marketing agreement with
the American Optometric Association. The antitrust violation
lawsuit alleged that VISTAKON® agreed to make lenses
available only through ECPs or retail optical and mass
merchandisers. VISTAKON® denies participating in the
alleged agreement. VISTAKON® also denies that its
actions have caused the retail prices of replacement contact
lenses to remain above competitive levels.
CIBA Vision® settled in 1997 for $5 million and now
sells to mail order companies. Bausch & Lomb®
settled in February 2001 for $17.5 million and also sells
to mail order companies.
As part of its preliminary settlement agreement, VISTAKON®
will pay $25 million for attorney fees and will set up
a Compensation Fund of $5 million in cash and/or coupons
for consumers who once wore VISTAKON® Contact Lenses
but no longer do so. VISTAKON® will also establish
a Benefits Package Fund of $30 million consisting of products
and services related to contact lenses. To register for
the benefits package, consumers can call 1-888-437-1294
or log on to www.acuvuerebates.com.
As part of its preliminary settlement agreement, VISTAKON®
will sell its ACUVUE® Brand Contact Lenses to appropriate
alternative sellers, but only with the provision that
these sellers require a valid prescription and remain
in compliance with all federal and state laws and regulations
and agree not to sell ACUVUE® diagnostic lenses. The
VISTAKON® settlement is fundamentally different from
the CIBA Vision® and Bausch and Lomb® settlements,
which require that they sell to mail order companies unconditionally
for 5 years.
“We are very pleased with this settlement,”
said Keefer, “because it recognizes the importance
of health and safety protections for the consumer. It
supports our right not to sell to companies that do not
comply with contact lens dispensing laws.”
VISTAKON® has always believed that ECPs play a central
role in helping their patients maintain good vision and
healthy eyes. Because this settlement upholds the requirement
that a valid prescription must be presented before a seller
can dispense ACUVUE® Brand Contact Lenses to the consumer,
contact lens wearers will be better assured of proper
fit, appropriate vision correction, and preventive eye
care.
Online
Community
Get ready for a new and improved ACUVUE® Web
site—we’ve updated our site to give you
more content, more features and more overall value!
You’ll find it’s faster, too, and even
easier to navigate.
Watch for our expanded Eye Care Professional
Services section with new content including:
Fitting techniques and tips
Practice promotion tips
New downloadable value-added
patient materials
New downloadable streaming
video of available materials
New
Multipack Packaging Introduced
VISTAKON® is pleased to announce that our newly
advanced manufacturing technology introduced last
year with ACUVUE® Brand TORIC Contact
Lenses will now be applied to ACUVUE® 2
Brand Contact Lenses. This state- of-the-art manufacturing
process will allow us to package ACUVUE® 2
Brand Contact Lenses in a smaller, more convenient,
streamlined container. Market research has shown
that ECPs and patients report a strong preference
for the new easy-open foil, deeper lens bowl for
easier lens removal, and improved closure mechanism
within the outer multipack box. ECPs also prefer
the lighter, smaller multipack box, which helps
with inventory management.
Beginning July 23, 2001, VISTAKON® will begin
shipping all orders for ACUVUE® 2
in the new packaging. As with ACUVUE® TORIC,
we have completely redesigned both the primary
foil and the outer packaging to improve handling,
storage and delivery. Each multipack will still
contain 6 lenses in packaging that is now 43%
smaller in size. This change should improve handling
and storage convenience for both you and your
patients. Additionally, clinical research has
verified that our new technology produces an ACUVUE®
2 lens that continues to deliver the
same level of comfort and performance that you
expect from ACUVUE® 2.
In conjunction with this transition to the new
ACUVUE® 2 packaging, we will also
be introducing new diagnostic packaging. This
new packaging, tested with both ECPs and patients,
demonstrates our leadership position in combating
the misuse of diagnostic lenses.
Your support has helped make ACUVUE® 2
Brand Contact Lenses the #1 new-fit lens in the
United States, and VISTAKON® remains committed
to finding innovative ways to support you and
your patients.
Still
the Market Leader, and Growing
First Quarter 2001 figures are in, and it’s
clear: the family of ACUVUE® Brand Contact Lenses
leads the playing field with a 33% share of the
soft contact lens market, up 1 share point from
last quarter.The continued growth of the soft contact
lens market overall, especially in the specialty
contact lens market sector, is a very positive sign
that more consumers are interested in contact lenses.
Soft contact lens patient dispenses have increased
8% annually on a rolling 12-month basis (the annual
growth rate is the current 12-month period vs the
prior 12-month period), and it appears the future
of soft contact lenses remains very bright.
And speaking of growing, ACUVUE® Brand BIFOCAL
Contact Lenses continues to dominate the bifocal
market, with a 72% share of dispensings, up 5
points from last quarter. The entire bifocal category
increased 17% from 4th Quarter 2000. ACUVUE®
Brand TORIC Contact Lenses are making an impressive
showing, as well. “ACUVUE® Brand TORIC
Contact Lenses have captured a 10% share,”
said David R. Smith, Vice President of Sales,
“which, when you consider that we haven’t
even completed our first full year in a crowded
market, is very positive.”
With an aggressive consumer campaign that kicked
off in April, dispensings will likely increase
next quarter. The campaign includes 45 million
impressions through TV and print advertising,
plus a $50 introductory rebate offer for ACUVUE®
Brand TORIC Contact Lenses. This rebate
requires an eye exam and that the dispensing of
the contact lenses be done by the same ECP who
performed the eye exam.
In other areas, too, ACUVUE® Brands show
good performance. Within the disposable spherical
segment, ACUVUE® Brands increased share to
54%.
ECPs tell us that the $30 rebate program, which
was designed to support patient retention, has
had a positive impact on their practice.The rebate
program, offered on 1-year-supply purchases of
ACUVUE® 2 Brand, ACUVUE® Brand,
SUREVUE® Brand, ACUVUE® Brand BIFOCAL,
or ACUVUE® Brand TORIC Contact Lenses
or on a 6-month supply of 1•DAY
ACUVUE® Brand Contact Lenses, was advertised
January through May of this year. The rebate is
available through year-end.
You have made ACUVUE® 2 Brand Contact
Lenses the #1 new-fit lens in the United States.
We trust that you are reaching for it first because
of the outstanding features and optics. VISTAKON®
remains committed to developing “world class”
contact lenses and finding innovative ways to
support you and your patients.
ACUVUE®
EYE HEALTH ADVISOR™
Program Expands
As
an ECP, you know the important role your patients
play in eye care. It’s up to them to come for
their yearly exams and follow your directions on
good contact lens hygiene. That’s why the ACUVUE®
EYE HEALTH ADVISOR™ Program has been developed.
This patient-outreach initiative from VISTAKON®
helps you help them. A range of educational materials,
from brochures and posters to reception- room
videotapes, helps you teach your patients about
the importance of good eye health, proper contact
lens care and vision-related terms and ideas.
The program also helps patients understand that
regular ECP visits are an integral part of good
eye health. “Once patients understand the
importance of regular professional eye care, it’s
a natural progression for them to become diligent
about getting annual eye exams by their ECP,”
said Robert W. Maiolo, Vice President of Marketing.
“The ACUVUE® EYE HEALTH ADVISOR™
Program is good for the patient and good for the
ECP.”
Two brochures stressing the importance of yearly
eye exams and scheduled lens replacement, and
an eye care poster, are currently available through
the ACUVUE® EYE HEALTH ADVISOR™ Program.
The first module in the ACUVUE® EYE HEALTH
ADVISOR™ Staff Training Video Library was
recently mailed to many of our interested accounts
who treat and service the bulk of our ACUVUE®
patients. “Defining Moments” highlights
how patients “define” an eye care practice
based on different “moments” when they
come into contact with the practice. Ursula Lotzkat,
CEO of Wink Productions, Inc., of South Bend,
Indiana, worked closely with the Professional
Affairs Division and Professional Marketing Department
at VISTAKON® in creating this first module.
It stars Sue Connelly, who plays the roles of
receptionist, technician, and doctor, and highlights
how things may be done incorrectly or correctly
in various offices. “The goal of the videotape
module is to highlight how one’s practice
can be defined as ‘world class’ by exceeding
patient expectations,” stated Todd Krombholz,
Professional Marketing, Product Director. “The
second module will deal with mastering telephone
usage.”
An hour-long, continuous-loop, reception-room
videotape, “Advancing The Science of Sight…the
news magazine that gives you better than 20/20
insights on vision,” will be debuting later
this summer. Also produced by Wink Productions,
Inc., and hosted by Sue Connelly, it features
guests Donald Brideau, M.D., of Washington, D.C.,
Christopher Snyder, O.D., of Birmingham, Alabama,
Susan Stenson, M.D., of New York, New York, Mary
Jo Stiegemeier, O.D., of Beachwood, Ohio, and
John Chapman, Director of Professional Marketing.
The objective of the newscast videotape is to
provide patients with important information while
they are waiting to be seen in ECP offices. Included
in this new video are some dramatic new educational
and patient marketing 3-D animations from eyeMaginationS.
A FREE demonstration CD with multi-media 3-D animations
for Refractive Errors, Clinical Procedures, Ocular
Pathologies, Ocular Anatomy and Lenses and Lens
Add-Ons can be ordered directly from eyeMaginationS
by contacting them at www.eyemaginations.com or
calling toll-free 877-321-5481.
To find out more about the ACUVUE® EYE HEALTH
ADVISOR™ Program, contact your VISTAKON®
Sales Representative.
VISTAKON®
Sponsors
New Graduate Initiatives
For most new ODs, a major challenge lies ahead:
establishing and maintaining a successful practice.
VISTAKON® knows this takes more than technical
training and clinical skills—it requires strong
business savvy.
That’s why VISTAKON® is proud to sponsor
the Career Advocate for the New Practitioner™
program. Offered by the American Optometric Association
(AOA) to students at the 17 schools and colleges
of optometry in the U.S. and Puerto Rico, Career
Advocate for the New Practitioner™ is a curriculum
package that introduces the soon-to-be OD to the
business aspects of eye care. The program is presented
by Dr. Brad Williams of the Williams Consulting
Group, Lincoln, Nebraska. Some of the topics covered
include: joining, buying or starting a practice;
marketing; day-to-day operations; managing personnel;
and finance management. Most schools consider
the program so important, they have incorporated
it into their practice management curriculum.
The day-long program has received high grades
from both students and faculty. Students also
receive a course syllabus (co-sponsored by Allergan,
Inc.) packed with important practice management
information that will serve as a valuable resource
throughout their careers.
Kelvin
Tang, a 2nd-year optometry student at Pacific
University College of Optometry who did a 3-month
summer internship at VISTAKON®, is shown receiving
his personal copy of Career Advocate from Dr.
George Mertz, Director of Academic Affairs.
For more information on Career Advocate for the
New Practitioner™, e-mail Practicemanagement@theAOA.org,
or contact the AOA at 1-800-365-2219.
Making a Fresh
Start With Partners in Sight
Here’s good news for all new optometrists,
ophthalmologists and opticians: as your fledgling
practice gears up, VISTAKON® stands by you
with our Partners in Sight New Graduate Program.
Simply open an account with VISTAKON® and
you’ll receive complimentary trial lens sets
of the following ACUVUE® family products:
You’ll also receive excellent service and
advice from our field sales force. This offer
is valid for any recent graduate who either starts
a new practice or joins a practice that is not
currently a VISTAKON® account, up to 5 years
from the date of graduation. “We recently
extended this offer from 1 to 5 years after graduation,”
said George Mertz, O.D., F.A.A.O., Director of
Academic Affairs, “recognizing that many
new Eye Care Professionals must pay down student
loans before starting a practice. Our aim is to
be there to assist them on their own time line.”
To find out more about Partners in Sight, please
contact your local VISTAKON® sales representative
or contact Dr. George Mertz directly at 1-800-876-6644.
NEW CME MODULE
TAKES THE
CHILD’S POINT OF VIEW
If you’re interested in learning more about
contact lenses and young children, be sure to
visit the VISTAKON® library of on-line continuing
education. Bruce D. Moore, O.D., F.A.A.O., presents
the most recent module, “The ABCs and XYZs
of Prescribing Contact Lenses for Kids.”
He discusses important issues to consider in fitting
the pediatric contact lens patient, including:
physiology and morphology of the young eye, indications
for contact lens use, examination and fitting
procedure, and continuing care. The concepts learned
in this module will be valuable to all clinicians,
regardless of their specific interests and mode
of practice.
To access the VISTAKON® library of online
continuing education courses, log on to www.acuvue.com,
click on the Eye Care Professionals section and
enter the password vistakon2001.
EDITORS
COMMENTS
Thanks
to all of our colleagues around the world, VISTAKON®
continues to be the world’s #1 contact lens manufacturer.
This year has been emotionally challenging as we went
to court over a 7-year-old antitrust litigation. We agreed
to settle, in large measure, because the judge affirmed
our right not to sell to unethical suppliers who dispense
contact lenses without a prescription and contrary to
state and federal laws. U.S. District Judge Harvey E.
Schlesinger stressed at the settlement hearing that the
court had not found that Johnson & Johnson Vision
Care, Inc. had done anything wrong.
In response to colleague requests, we developed the first
of what will become an ACUVUE® EYE HEALTH ADVISOR™
staff training videotape library. The initial module,
“Defining Moments,” is now complete. And for
help with patient compliance, we have developed a new
ACUVUE® EYE HEALTH ADVISOR™ compliance brochure.
The brochure contains a report card to rate your patients’
compliance and ocular responses.
We want to remain the company that listens to its customers,
so please keep those letters, e-mails and phone calls
coming. We want to know how we are doing in meeting your
needs and the needs of your patients.
Stanley J. Yamane, OD, F.A.A.O.,
Editor
Complimentary
Commentary
“With
the advent of disposable lenses, contact lens practice
has been revolutionized. Patients have adapted to the
concept, with the ultimate daily disposable routine being
well accepted by many. Their daily routine has been simplified,
whether it is daily disposable or extended wear. The advanced
GPC of the past is seen. It appears as if other complications
also reduced. I feel strongly that safety in contact lens
wear begins with the practitioner who ‘set the rules’
at the onset and REVIEW them every visit. It is the rare
patient who extends the wearing beyond the recommended
schedule. Patients look to us for guidance. The ‘shorter
is better’ philosophy has been well accepted when
rationale is explained to the patients.”
Frank J. Weinstock, M.D., F.A.C.S.
Professor of Ophthalmology, NEOUCOM
Canton, Ohio
“Contact
lens wearing schedules continue to haunt the ethics of
our profession because of market trends, cost cutting,
competition, mail order and simply the ‘elimination
of the professional component’ for contact lens wearers!
As contact lens practitioners, we have a professional
obligation to patients (and collective society as a whole)
for individual well-being, quality care and compassion
making contact lens recommendations. The content of our
profession’s ethics is much richer subtler than any
text, code or written set of standards. Over this past
decade, shorter contact replacement cycles have clearly
benefited the health of our contact lens patients. The
patient’s -being must always be the highest priority,
the risks of straying from recommended replacement schedules
should be reinforced at and every contact lens office
visit.”
Gregory W. Hicks, O.D.
DREFFER & HICKS, O.D., INC.
Sandusky & Huron, Ohio
“Planned
replacement disposable contact lenses have revolutionized
the wearing and fitting of contact lenses. They have also
revolutionized the professional evaluation and management
of patients. Frequent replacement lenses have allowed
the Eye Care Professional to customize the wearing schedule,
replacement cycle, and lens care regimen to meet both
the patients’ lifestyle needs and their ocular physiological
needs. Planned contact lens replacement has enabled ECPs
to resolve problems related to lens spoilage, contact
lens solution sensitivities, and a myriad of contact-lens-related
ocular health issues caused by prolonged contact lens
replacement intervals. As long as patients have adhered
to the contact lens replacement regimen prescribed for
them, complication rates have been extremely low. It is
only when we see patients extending the prescribed replacement
schedule that this complication rate starts to rise. It
is imperative that patients understand the rationale behind
their ECP’s replacement schedule prescription and
that they adhere to this replacement schedule to minimize
any risk to ocular health related to contact lens wear.”
Robert L. Gordon, O.D., F.A.A.O.
ENCINO OPTOMETRIC CENTER
Encino, California
“I
have been in practice for 18 years. When 2-week lenses
came on the market, we switched 98% of our daily and extended
wear soft contact lens patients. We were aware of all
the soft lens patients returning 2 years later that had
quit wearing soft contact lenses after 9 months because
their lenses bothered them too much and they wanted to
try them again. We were also aware of the number of red
eyes we saw on a daily basis. Our policy has always been
any contact-lens-related red-eye visit was at no charge
for 1 year following a contact lens fit. The number of
contact-lens-related red-eye visits dropped dramatically
as our patient base switched to 2-week lenses.”
James M. Vaught, O.D.
VAUGHT EYE ASSOCIATES, P.A.
Conway, South Carolina
Look
for The Science of Sight Experience™
Coming Soon to a City Near You
As part of its commitment to eye health and promoting
the value of the ECP, VISTAKON® is taking a
new interactive exhibit on a national tour from
June through November 2001. The Science of Sight
Experience™ multi-media learning experience
will fascinate people of all ages as they learn
about vision, eye care and more.
“Sometimes we take our precious vision for
granted,” said Robert W. Maiolo, Vice President
of Marketing. “The Science of Sight Experience™
is a fun way to make a serious point: that routine
eye care with an ECP needs to be an integral part
of our lives.”
Optical illusions, hands-on activities, including
eye-hand/eye-foot coordination challenges, colorful
displays and a world of information will provide
an entertaining way for consumers to get smart
on eyes and the gift of vision. Watch for The
Science of Sight Experience™ in these cities:
Denver (June 21-24), Dallas (June 28-July 1),
Phoenix (July 5-8), Los Angeles (July 12-15),
San Diego (July 19-22), San Francisco (July 26-29),
Houston (Aug 2-5), St. Louis (Aug 9-12), Chicago
(Aug 16-19), Cincinnati (Aug 23-26), Pittsburgh
(Aug 30-Sept 2), Philadelphia (Sept 6-9), New
York (Sept 13-16), Boston (Sept 20-23), Washington,
D.C. (Sept 27-30), Raleigh (Oct 4-7), Atlanta
(Oct 11-14), Tampa (Oct 18-21), Jacksonville (Oct
25-28), Miami (Nov 1-4) and New Orleans (Nov 8-11).
The Science of Sight Experience™ is sponsored
by Johnson & Johnson Vision Care, Inc., in
cooperation with the American Optometric Association,
the Contact Lens Society of Ophthalmologists and
the Contact Lens Society of America.
A quarterly publication of VISTAKON®,
a Division of Johnson & Johnson
Vision Care, Inc.
7596 Centurion Parkway
Jacksonville, FL 32256
Editor:
Stanley J. Yamane, OD, F.A.A.O.,
Vice President, Professional Affairs,
VISTAKON®
(800) 876 - 6644
By submitting
your information in this e-mail message, you agree that
such information will be governed by our Privacy
Policy. Because e-mail to and from this site may not
be secure, you should take special care in deciding what
information you send via e-mail to us.
ACUVUE®, OASYS®, ACUVUE ADVANCE®, HYDRACLEAR®, 1·DAY ACUVUE® MOIST®, 1·DAY ACUVUE®, ACUVUE® 2 COLOURS®, FOR THE LIFE OF YOUR EYES®, PUPIL INTELLIGENT DESIGN®, and ULTRA COMFORT SERIES® are all trademarks of Johnson & Johnson Vision Care, Inc.
As
an ECP, you know the important role your patients
play in eye care. It’s up to them to come for
their yearly exams and follow your directions on
good contact lens hygiene. That’s why the ACUVUE®
EYE HEALTH ADVISOR™ Program has been developed.
Kelvin
Tang, a 2nd-year optometry student at Pacific
University College of Optometry who did a 3-month
summer internship at VISTAKON®, is shown receiving
his personal copy of Career Advocate from Dr.
George Mertz, Director of Academic Affairs.
Thanks
to all of our colleagues around the world, VISTAKON®
continues to be the world’s #1 contact lens manufacturer.
“Contact
lens wearing schedules continue to haunt the ethics of
our profession because of market trends, cost cutting,
competition, mail order and simply the ‘elimination
of the professional component’ for contact lens wearers!
As contact lens practitioners, we have a professional
obligation to patients (and collective society as a whole)
for individual well-being, quality care and compassion
making contact lens recommendations. The content of our
profession’s ethics is much richer subtler than any
text, code or written set of standards. Over this past
decade, shorter contact replacement cycles have clearly
benefited the health of our contact lens patients. The
patient’s -being must always be the highest priority,
the risks of straying from recommended replacement schedules
should be reinforced at and every contact lens office
visit.” 
“Planned
replacement disposable contact lenses have revolutionized
the wearing and fitting of contact lenses. They have also
revolutionized the professional evaluation and management
of patients. Frequent replacement lenses have allowed
the Eye Care Professional to customize the wearing schedule,
replacement cycle, and lens care regimen to meet both
the patients’ lifestyle needs and their ocular physiological
needs. Planned contact lens replacement has enabled ECPs
to resolve problems related to lens spoilage, contact
lens solution sensitivities, and a myriad of contact-lens-related
ocular health issues caused by prolonged contact lens
replacement intervals. As long as patients have adhered
to the contact lens replacement regimen prescribed for
them, complication rates have been extremely low. It is
only when we see patients extending the prescribed replacement
schedule that this complication rate starts to rise. It
is imperative that patients understand the rationale behind
their ECP’s replacement schedule prescription and
that they adhere to this replacement schedule to minimize
any risk to ocular health related to contact lens wear.”
“I
have been in practice for 18 years. When 2-week lenses
came on the market, we switched 98% of our daily and extended
wear soft contact lens patients. We were aware of all
the soft lens patients returning 2 years later that had
quit wearing soft contact lenses after 9 months because
their lenses bothered them too much and they wanted to
try them again. We were also aware of the number of red
eyes we saw on a daily basis. Our policy has always been
any contact-lens-related red-eye visit was at no charge
for 1 year following a contact lens fit. The number of
contact-lens-related red-eye visits dropped dramatically
as our patient base switched to 2-week lenses.” 
