Case 1:22-cv-00176 Document 2 Filed 01/25/22 Page 1 of 27 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

VISION PATH, INC., a corporation, also 

d/b/a Hubble Contacts, 

Defendant. 

Case No.: 1:22-cv-00176

STIPULATED ORDER FOR 

PERMANENT INJUNCTION, CIVIL 

PENALTY JUDGMENT, AND 

OTHER RELIEF 

Plaintiff, the United States of America, acting upon notification and authorization to the 

Attorney General by the Federal Trade Commission (“Commission”) filed its Complaint for 

Civil Penalties, Permanent Injunction, Monetary Relief and Other Relief (“Complaint”) in this 

matter, pursuant to Sections 9(a) and 9(b) of the Fairness to Contact Lens Consumers Act 

(“FCLCA”), 15 U.S.C. §§ 7608(a) and (b), and Sections 5(a)(1), 5(m)(1)(A), 13(b), 16(a)(1), 

and 19 of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 45(a)(1), 

45(m)(1)(A),53(b), 56(a)(1), and 57b. Defendant has waived service of the summons and the 

Complaint. Plaintiff and Defendant stipulate to the entry of this Stipulated Order for Permanent 

Injunction, Civil Penalty Judgment, and Other Relief (“Order”) to resolve all matters in dispute 

in this action between them. 

THEREFORE, IT IS ORDERED as follows: 

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FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Defendant engaged in unfair or deceptive acts or practices in 

violation of Section 5 of the FTC Act, 15 U.S.C. § 45, and disseminated deceptive 

advertisements in or affecting commerce for the purpose of inducing, or which were likely to 

induce, the purchase of food, drugs, devices, cosmetics, or services as defined in Section 12 of 

the FTC Act, 15 U.S.C. § 52, in connection with the sale of contact lenses. 

3. The Complaint further charges that Defendant violated the Contact Lens Rule, 16 CFR § 

315, by selling contact lenses not in accordance with certain requirements of the Rule. 

4. Defendant neither admits nor denies any of the allegations in the Complaint, except as 

specifically stated in this Order. Only for purposes of this action, Defendant admits the facts 

necessary to establish jurisdiction. 

5. Defendant waives any claim that it may have under the Equal Access to Justice Act, 28 

U.S.C. § 2412, concerning the prosecution of this action through the date of this Order, and agree 

to bear its own costs and attorney fees. 

6. Defendant and Plaintiff waive all rights to appeal or otherwise challenge or contest the 

validity of this Order. 

7. This Order relates to activities in or affecting interstate commerce, including such acts or 

practices involving foreign commerce that cause or are likely to cause reasonably foreseeable 

injury within the United States or involve material conduct occurring within the United States. 

DEFINITIONS 

For the purpose of this Order, the following definitions apply: 

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1. “Business Hour” means anhour between 9 a.m. and 5 p.m., during a weekday (Monday 

through Friday), excluding Federal holidays. “Business Hour” also may include, at the seller’s 

option, a Prescriber’s regular Business Hours on Saturdays, provided that the seller has actual 

knowledge of these hours. “Business Hour” shall be determined based on the time zone of the 

Prescriber. 

2. “Clear(ly) and Prominent(ly)” means that a required disclosure is difficult to miss (i.e. 

easily noticeable) and easily understandable by ordinary consumers, including in all the 

following ways: 

A. In any communication that is solely visual or solely audible, the disclosure must 

be made through the same means through which the communication is presented. 

In any communication made through both visual and audible means, such as a 

television advertisement, the disclosure must be presented simultaneously in both 

the visual and audible portions of the communication even if the representation 

requiring the disclosure is made in only one means. 

B. A visual disclosure, by its size, contrast, location, the length of time it appears, 

and other characteristics, must stand out from any accompanying text or other 

visual elements so that it is easily noticed, read, and understood. 

C. An audible disclosure, including by telephone or streaming video, must be 

delivered in a volume, speed, and cadence sufficient for ordinary consumers to 

easily hear and understand it. 

D. In any communication using an interactive electronic medium, such as the 

Internet or software, the disclosure must be unavoidable. 

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E. The disclosure must use diction and syntax understandable to ordinary consumers 

and must appear in each language in which the representation that requires the 

disclosure appears. 

F. The disclosure must comply with these requirements in each medium through 

which it is received, including all electronic devices and face-to-face 

communications. 

G. The disclosure must not be contradicted or mitigated by, or inconsistent 

with, anything else in the communication. 

H. When the representation or sales practice targets a specific audience, such 

as children, the elderly, or the terminally ill, “ordinary consumers” includes 

reasonable members of that group. 

3. “Close Proximity” means that the disclosure is very near the triggering 

representation. For example, a disclosure made through a hyperlink, pop-up, interstitial, or 

other similar technique is not in close proximity to the triggering representation. 

4. “Contact Lens” means any contact lens for which State or Federal law requires a 

prescription. 

5. “Contact Lens Fitting” means the process that begins after an initial eye examination for 

contact lenses and ends when a successful fit has been achieved or, in the case of a renewal 

prescription, ends when the Prescriber determines that no change in the existing prescription is 

required, and such term may include: 

A. An examination to determine the lens specifications; 

B. Except in the case of a renewal of a contact lens prescription, an initial evaluation 

of the fit of the contact lens on the eye; and 

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C. Medically necessary follow up examinations. 

6. “Contact Lens Prescription” means a prescription, issued in accordance with State and 

Federal law that contains sufficient information for the complete and accurate filling of a 

prescription for contact lenses, including the following: 

A. The name of the patient; 

B. The date of the examination; 

C. The issue date and expiration date of the prescription; 

D. The name, postal address, telephone number, and facsimile telephone number of the 

Prescriber; 

E. The power, material or manufacturer or both of the prescribed contact lens; 

F. The base curve or appropriate designation of the prescribed contact lens; and 

G. In the case of a Private Label Contact Lens, the name of the manufacturer, trade 

name of the private label brand, and, if applicable, trade name of the equivalent 

brand name. 

7. “Defendant” means Vision Path, Inc., also d/b/a Hubble Contacts, and its successors and 

assigns. 

8. “Direct Communication” means completed communication by telephone, facsimile, or 

electronic mail. 

9. “Eight (8) Business Hours” shall be calculated from the time the Prescriber receives the 

prescription verification information from the seller, and shall conclude when Eight (8) Business 

Hours have elapsed. For verification requests received by a Prescriber during non-Business 

Hours, the calculation of “Eight (8) Business Hours” shall begin at 9 a.m. on the next weekday 

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that is not a Federalholiday or, if applicable, on Saturday atthe beginning of the Prescriber’s 

actual Business Hours. 

10. “Prescriber” means, with respect to Contact Lens Prescriptions, an ophthalmologist, 

optometrist, or other person permitted under State law to issue prescriptions for contact lenses in 

compliance with any applicable requirements established by the United States Food and Drug 

Administration. “Other person,” for purposes of this definition, includes a dispensing optician 

who is permitted under State law to issue prescriptions and who is authorized or permitted under 

State law to perform Contact Lens Fitting services. 

11. “Private Label Contact Lenses” mean contact lenses that are sold under the label of a 

seller where the contact lenses are identical to lenses made by the same manufacturer but sold 

under the labels of other sellers. 

12. “UnexpectedMaterial Connection” means anyrelationship that might materially affect the 

weight or credibility of a testimonial or endorsement and that would not reasonably be 

expected by consumers. 

I. INJUNCTION CONCERNING SELLING CONTACT LENSES 

IT IS ORDERED that Defendant, Defendant’s officers, agents, employees, and attorneys 

and all other persons in active concert or participation with any of them, who receive actual 

notice of this Order, whether acting directly or indirectly, in connection with the sale of Contact 

Lenses are permanently restrained and enjoined from selling and delivering Contact Lenses to a 

consumer: 

A. Without a Contact Lens Prescription for that consumer that is either: 

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1. Presented to Defendant by the consumer or Prescriber directly 

or by facsimile; or 

2. Verified by Direct Communication with the Prescribervia 

a. facsimile; 

b. telephone calls; or 

c. electronic mail. 

B. If informed by a Prescriber that the Contact Lens Prescription is inaccurate, 

expired, or otherwise invalid, unless 

1. the Prescriber corrects the prescription and the sale is of the Contact 

Lenses specified in the correction, or 

2. the sale occurs at least Eight (8) Business Hours after the verification and 

prior to the Prescriber informing Defendant that the Contact Lens 

Prescription is inaccurate, expired, or otherwise invalid. 

II. PRESCRIPTION PRESENTATION REQUIREMENT 

IT IS FURTHER ORDERED that Defendant, Defendant’s officers, agents, employees, 

and attorneys, and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with the 

sale of Contact Lenses shall provide a prominent method, and a Clear and Prominent disclosure 

of that method, for the patient to present the seller with a copy of the patient’s Contact Lens 

Prescription. Such method and the disclosure shall be provided prior to requesting a Prescriber’s 

contact information for verification of the prescription; provided, however, in the case of an order 

placed by telephone, a seller shall comply by providing a disclosure of the method prior to 

requesting a Prescriber’s contact information for verification of a prescription. The method to 

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present the Contact Lens Prescription shall be provided through (i) the same medium by which 

the order is placed, or (ii) electronic mail, text message, or file upload. 

III. PROHIBITION AGAINST PRESCRIPTION ALTERATION AND 

PRESCRIPTION VERIFICATION REQUIREMENTS 

IT IS FURTHER ORDERED that Defendant, Defendant’s officers, agents, employees, 

and attorneys and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with the 

sale of Contact Lenses: 

A. Shall not alter a Contact Lens Prescription. In the context of prescription 

verification, alteration includes, but is not limited to, providing the Prescriber with 

the name of a manufacturer or brand other than that specified by the patient’s 

Contact Lens Prescription, unless such name is provided because the patient 

entered or orally provided it when asked for the manufacturer or brand listed on 

the patient’s Contact Lens Prescription. Notwithstanding the preceding sentences, 

for Private Label Contact Lenses, a seller may substitute for Contact Lenses 

specified on a prescription identical Contact Lenses that the same company 

manufactures and sells under different labels. 

B. Shall only submit a verification request for the brand of Contact Lenses: 

1. That is listed on a consumer’s Contact Lens Prescription that Defendant 

is in receipt of, or 

2. Aftermeeting the exception described in Subsection A. of this Section. 

C. In complying with Subsection A. of this Section, shall not direct, encourage, 

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motivate, or suggest, either expressly or by implication, that a consumer enter any 

manufacturer or brand other than that listed on the patient’s Contact Lens 

Prescription; 

D. Shall not submit a verification request without: 

1. including the (i) name of the company selling the lenses; and (ii) the brand 

of the Contact Lenses being verified; and 

2. confirming that the fax number, phone number, or email address to which 

the verification request is being submitted is for a Prescriber; and 

E. In addition to the requirements of Subsection D. of this Section, when seeking 

verification of a Contact Lens Prescription, shall provide the Prescriber with the 

following information: 

1. The patient’s full name and address; 

2. The Contact Lens power, manufacturer, base curve or appropriate 

designation, and diameter when appropriate; 

3. The quantity of lenses ordered; 

4. The date of patient request; 

5. The date and time of verification request; 

6. The name of a contact person at the seller’s company, 

including facsimile and telephone numbers; and 

7. If opting to include the Prescriber’s regular Business Hours on 

Saturdays as “Business Hours” when counting the Eight (8) 

Business Hours for waiting to sell, shall provide a clear statement 

of the Prescriber’s regular Saturday Business Hours. 

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F. Shall, during the Eight (8) Business Hours after a verification request, provide a 

reasonable opportunity for the Prescriber to communicate with the Defendant 

concerning the verification request. 

IV. INJUNCTION CONCERNING RECORDS OF CONTACT LENS SALES 

IT IS FURTHER ORDERED that Defendant, Defendant’s officers, agents, employees, 

and attorneys, and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with the sale 

of Contact Lenses shall maintain for a period of not less than three (3) years: 

A. For prescriptions presented to Defendant as set forth in Subsection A.1 of the 

Section titled Injunction Concerning Selling Contact Lenses, the Contact Lens 

Prescription itself, or a facsimile or digital version thereof; 

B. For verification requests made by Defendant as setforth in Subsections A.2.a and 

c of the Section titled Injunction Concerning Selling Contact Lenses, a copy of 

the verification request, including the information provided to the Prescriber 

regarding the consumer, and confirmation of the completed transmission thereof, 

including a record of the date and time the request was made. For verification 

requests made by Defendant as set forth in Subsection A.2.b of the Section titled 

Injunction Concerning Selling Contact Lenses, a log: (a) Describing the 

information provided in Subsection E. of the Section titled Prohibition Against 

Prescription Alteration and Verification Requirements; (b) Setting forth the date 

and the time the request was made, (c) Indicating how the call was completed, 

and (d) Listing the names of the individuals who participated in the call; 

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C. For verification requests made by Defendant as set forth in in Subsections A.2.b 

of the Section titled Injunction Concerning Selling Contact Lenses, if the request 

is made via automated telephone message, an audio recording of the entire call; 

and 

D. For communications from the Prescriber, including prescription verifications: 

1. If the communication occurs via facsimile or email, a copy of the 

communication and a recordof the time and date it was received; 

2. If the communication occurs via telephone, (a) a log (i) describing the 

information communicated; (ii) setting forth the date and time that the 

information was received; and (iii) listing the name of the individuals 

who participated in the call; and (b) a recording of the call. 

V. MONITORING OF VERIFICATION PROCESS AND RESPONSES 

IT IS FURTHER ORDERED that, within 90 days of the date of entry of this Order, 

Defendant, Defendant’s officers, agents, employees, and attorneys, and all other persons in 

active concert or participation with any of them, who receive actual notice of this Order, 

whether acting directly or indirectly, in connection with the sale of Contact Lenses, shall: 

A. Establish, implement, and thereafter maintain a system, documented in writing, to 

monitor and review Contact Lens verification procedures, to ensure compliance 

with: (1) Subsections A.2 and B. of the Section titled Injunctions Concerning 

Selling Contact Lenses, (2) Section titled Prohibition Against Prescription 

Alteration and Prescription Verification Requirements, and (3) Subsections B. and 

C. of the Section titled Injunction Concerning Records of Contact Lens Sales. 

The system shall include, at a minimum, monitoring and reviewing verification 

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requests to ensure: (i) the quality and content of such requests; (ii) the agent used 

a permissible form of communication; and (iii) the agent directed the request to a 

Prescriber or Prescriber’s office; and 

B. Create reports showing the results of the monitoring required by Subsection A. of 

this Section. 

VI. INJUNCTION CONCERNING MISREPRESENTATIONS IN VIOLATION OF 

SECTIONS 5 AND12 OFTHE FTC ACT 

IT IS FURTHER ORDERED that Defendant, Defendant’s officers, agents, employees, 

and attorneys, and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with 

promoting or offering for sale any good or service, are permanently restrained and enjoined from 

making, or assisting others in making, any misrepresentation, expressly or by implication: 

A. That consumers will receive Contact Lenses with valid and accurate prescriptions 

as prescribed by consumers’ eye care practitioners; or 

B. About the status of any person providing a review or endorsement of a 

good or service, including a misrepresentation that the reviewer or 

endorser is an unbiased or ordinary user of the good or service. 

VII.REQUIRED DISCLOSURES OF UNEXPECTED MATERIAL CONNECTIONS 

IT IS FURTHER ORDERED that Defendant, Defendant’s officers, agents, employees, 

and attorneys, and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with 

promoting or offering for sale any good or service, are permanently restrained and enjoined 

from making, or assisting others in making, any representation, expressly or by implication, 

about any endorser of such good or service without disclosing, Clearly and Prominently, and in 

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Close Proximity to that representation, any Unexpected Material Connection between such 

endorser and (1) Defendant; or (2) any other individual or entity affiliated with the good or 

service. 

VIII. NOTIFICATION REGARDING PREVIOUSLY POSTED REVIEWS 

IT IS FURTHER ORDERED that within 30 days of the date of entry of this Order, 

Defendant must notify the Better Business Bureau and HighYa that Defendant or its agents 

provided products in exchange for reviews of Hubble Contact Lenses that appeared on 

www.bbb.org/us/ny/new-york and www.highya.com, respectively. The notifications must (A) be 

sent by email to an email address to be provided by FTC staff; (B) have the subject line: U.S. v. 

Vision Path, Inc.; (C) identify, separately for the BBB and HighYa, the reviews for which 

Defendant provided free product by including, at a minimum, the date the review was posted 

and the name of the reviewer; (D) attach copies of the Complaint and of this Order; and (E) 

copy Debrief@ftc.gov. 

IX. MONITORING OF ENDORSERS 

IT IS FURTHER ORDERED that within 90 days of the date of entry of this Order, 

Defendant, Defendant’s officers, agents, employees, and attorneys, and all other persons in 

active concert or participation with any of them, who receive actual notice of this Order, 

whether acting directly or indirectly, in connection with promoting or offering for sale any good 

or service, must take steps sufficient to ensure compliance with the Subsection B. of the Section 

of this Order titled Injunction Concerning Misrepresentations In Violation of Sections 5 and 12 

of the FTC Act and the Section of this Order titled Required Disclosures Of Unexpected 

Material Connections. Such steps shall include, at a minimum: 

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A. Providing each such reviewer or endorser with a clear statement of his or her 

responsibilities to disclose Clearly and Prominently and in Close Proximity to the 

endorsement, in any review, online video, social media posting, or other 

communication endorsing the good or service, the reviewer or endorser’s 

Unexpected Material Connection to Defendant, or any other individual or entity 

affiliated with the good or service; and obtaining from each such reviewer or 

endorser a signed and dated statement acknowledging receipt of that statement 

and expressly agreeing to comply with it. For the purpose of this subsection, the 

term “signed” may include a verifiable electronic or digital form of signature, to 

the extent that such form of signature is recognized as a valid signature under 

applicable Federal law or State contract law; 

B. Establishing, implementing, and thereafter maintaining a system to monitor and 

review the representations and disclosures of reviewers and endorsers with any 

Unexpected Material Connection to Defendant, or any other individual or entity 

affiliated with the good or service to ensure compliance with the Subsection B. of 

the Section of this Order titled Injunctions Concerning Misrepresentations in 

Violation of Sections 5 and 12 of the FTC Act and the Section of this Order titled 

Required Disclosures Of Unexpected Material Connections. The system shall 

include, at a minimum, monitoring and reviewing the endorsers’ reviews, online 

videos and social media postings; 

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C. In the event an Unexpected Material Connection is not disclosed, contacting each 

reviewer or endorser to request such a disclosure. If such disclosure is not made 

or the review or endorsement is not removed, Defendant shall contact the 

platform on which the review or endorsement appears requesting its removal; and 

D. Creating reports showing the results of the monitoring required by Subsections B. 

and C. of this Section. 

X. MONETARY JUDGMENT FOR CIVIL PENALTY 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of One Million Five Hundred Thousand Dollars 

($1,500,000.00) is entered in favor of Plaintiff against Vision Path, Inc., also d/b/a Hubble 

Contacts as a civil penalty. 

B. Vision Path, Inc., also d/b/a Hubble Contacts is ordered to pay to the Plaintiff, by 

making payment to the Treasurer of the United States, One Million Five Hundred Thousand 

Dollars ($1,500,000), which as Defendant stipulates, is held in a separate custodial account for 

no purpose other than payment to Plaintiff. This payment must be made within 7 days of entry 

of this Orderby electronic fund transfer in accordance with instructions provided by a 

representative of Plaintiff and be designated as a civil penalty payment. 

XI. MONETARY JUDGMENT FOR CONSUMER REDRESS 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of TwoMillion Dollars ($2,000,000.00) is enteredin favor of 

Plaintiff against Vision Path, Inc., also d/b/a Hubble Contacts as redress. 

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B. Vision Path, Inc., also d/b/a Hubble Contacts is ordered to pay to the Plaintiff, by 

making payment to the Treasurer of the United States, Two Million Dollars ($2,000,000), which 

as Defendant stipulates, is held in a separate custodial account for no purpose other than 

payment to Plaintiff. This payment must be made within 7 days of entry of this Order by 

electronic fund transfer in accordance with instructions provided by a representative of Plaintiff 

and be designated as a redress payment. 

XII. ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

A. Defendant relinquishes dominion and all legal and equitable right, title, and 

interest in all assets transferred pursuant to this Order and may not seek the return of any assets. 

B. The facts alleged in the Complaint will be taken as true, without further proof, in 

any subsequent civil litigation by or on behalf of the Commission, including in a proceeding to 

enforce its rights to any payment or monetary judgment pursuant to this Order, such as a 

nondischargeability complaint in any bankruptcy case. 

C. The facts alleged in the Complaint establish all elements necessary to sustain an 

action by the Commission pursuant to Section 523(a)(2)(A) of the Bankruptcy Code, 11 U.S.C. 

§ 523(a)(2)(A), and this Order will have collateral estoppel for such purposes. 

D. Defendant acknowledges that its Taxpayer Identification Number, which it 

previously submitted to the Commission, may be used for collecting and reporting on any 

delinquent amount arising out of this Order, in accordance with 31 U.S.C. § 7701. 

E. All money that the Plaintiff or Commission receives for consumer redress pursuant 

to this Order may be deposited into a fund administered by Plaintiff or the Commission 

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or its designee to be used for relief, including consumer redress and any attendant expenses for 

the administration of any redress fund. If a representative of Plaintiff or the Commission 

decides that direct redress to consumers is wholly or partially impracticable, or if money 

remains after the redress is completed, Plaintiff or the Commission may apply any remaining 

money for such relief (including consumer information remedies) as it determines to be 

reasonably related to Defendant’s practices alleged in the Complaint. Any money not used for 

such relief is to be deposited to the U.S. Treasury as additional civil penalties. Defendant has no 

right to challenge any actions Plaintiff, the Commission, or their representatives may take 

pursuant to this Subsection. 

XIII. CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Defendant, Defendant’s officers, agents, employees, 

and attorneys, and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with 

promoting or offering for sale any good or service, are permanently restrained and enjoined from 

directly or indirectly failing to provide sufficient customer information to enable the Commission 

to efficiently administer consumer redress. If a representative of the Commission requests in 

writing any information related to redress, Defendant must provide it, in the form prescribed by 

the Commission, within 14 days. 

XIV. NOTICE TO CUSTOMERS 

IT IS FURTHER ORDERED that, 

A. Within 30 days of the entry of this Order, Defendant send by 

electronic mail a notice in the exact wording and format shown in Attachment 

A, to any customer who (1) ordered Hubble contact lenses at any time in the 

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six months preceding October 17, 2020, and (2) has received any Hubble 

contact lenses in the six month period preceding the date of entry of this Order. 

The subject line of the email notice must state “Hubble Contacts Require a 

Prescription.” The email must not contain any other message concerning its 

goods or services, or include any attachments. 

B. Defendant must resend by electronic mail the form shown in Attachment A 

one to three days after sending the initial notice to the same customers, or to 

those customers who did not open the initial notice. 

C. Defendant must collect and maintain the following metrics on 

the initial and subsequent emailed notices: 

1. Unique open-rate (unique opens divided by number of emails 

successfully delivered); 

2. Click-to-open rate (unique clicks on ftc.gov/contacts divided by the 

number of emails opened); and 

3. Unique click rate (unique clicks on ftc.gov/contacts divided by the 

number of emails successfully delivered). 

D. Defendant must report to the Commission the metrics listed in Subsection C 

of this Section within 30 days of sending the second notice. 

XV. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendant obtain acknowledgments of receipt of 

this Order: 

A. Defendant, within 7 days of entry of this Order, must submit to the 

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Commission an acknowledgment of receipt of this Order sworn under penalty of 

perjury; 

B. For 10 years after entry of this Order, Defendant must deliver a copy of this Order 

to: (1) all principals, officers, directors, and LLC managers and members; (2) all 

employees having managerial responsibilities for conduct related to the subject 

matter of the Order and all agents and representatives who participate in conduct 

related to the subject matter of the Order; and (3) any business entity resulting 

from any change in structure as set forth in the Section titled Compliance 

Reporting. Delivery must occur within 7 days of entry of this Order for current 

personnel. For all others, delivery must occur before they assume their 

responsibilities. 

C. From eachindividual or entity to which Defendant delivered a copy of this 

Order, Defendant must obtain, within 30 days, a signed and dated 

acknowledgment of receipt of this Order. 

XVI. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendant make timely submissions to the 

Commission: 

A. One year after entry of this Order, Defendant must submit a compliance 

report, sworn under penalty of perjury: 

1. Defendant must: (a) identify the primary physical, postal, and email 

address and telephone number, as designated points of contact, which 

representatives of the Commission and Plaintiff may use to communicate 

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with Defendant; (b) identify all of Defendant’s businesses by all of their 

names, telephone numbers, and physical, postal, email, and Internet 

addresses; (c) describe the activities of each business, including the goods 

and services offered, and the means of advertising, marketing, and sales; 

(d) describe in detail whether and how Defendant is in compliance with 

each Section of this Order; and (e) provide a copy of each Order 

Acknowledgment obtained pursuant to this Order, unless previously 

submitted to the Commission. 

B. For 10 years after entry of this Order, Defendant must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in 

the following: Defendant must report any change in: (a) any designated 

point of contact; or (b) its structure or any entity that Defendant has any 

ownership interest in or controls directly or indirectly that may affect 

compliance obligations arising under this Order, including: creation, 

merger, sale, or dissolution of the entity or any subsidiary, parent, or 

affiliate that engages in any acts or practices subject to this Order. 

C. Defendant must submit to the Commission notice of the filing of any 

bankruptcy petition, insolvency proceeding, or similar proceeding by or against 

it within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be sworn under 

penalty of perjury must be true and accurate and comply with 28 U.S.C. § 1746, 

such as by concluding: “I declare under penalty of perjury under the laws of the 

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Case 1:22-cv-00176 Document 2 Filed 01/25/22 Page 21 of 27 

United States of America that the foregoing is true and correct. Executed on: ” 

and supplying the date, signatory’s full name, title (if applicable), and signature. 

E. Unless otherwise directed by a Commission representative in writing, all 

submissions to the Commission pursuant to this Order must be emailed to 

DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal 

Service) 

to: Associate Director for Enforcement, Bureau of Consumer Protection, 

Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 

20580. The subject line must begin: U.S. v. Vision Path, Inc. 

XVII. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendant must create certain records for 10 years 

after entry of the Order, and retain each such record for 5 years. Specifically, Defendant must 

create and retain the following records: 

A. accounting records showing the revenues from all products sold; 

B. personnel records showing, for each person providing services, whether as an 

employee or otherwise, that person’s: name; addresses; telephone numbers; job 

title or position; dates of service; and (if applicable) the reason for termination; 

C. records of all consumer complaints and refund requests, whether received 

directly or indirectly, such as through a third party, and any response; and 

D. all records necessary to demonstrate full compliance with each Section of this 

Order, including all submissions to the Commission. 

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Case 1:22-cv-00176 Document 2 Filed 01/25/22 Page 22 of 27 

XVIII. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that for the purpose of monitoring Defendant’s 

compliance with this Order: 

A. Within 14 days of receipt of a written request from a representative of the Plaintiff 

or the Commission, Defendant must: submit additional compliance reports or other 

requested information, which must be sworn under penalty of perjury; appear for 

depositions; and produce documents for inspection and copying. The Commission 

and Plaintiff are also authorized to obtain discovery, without further leave of court, 

using any of the procedures prescribed by Federal Rules of Civil Procedure 29, 30 

(including telephonic depositions), 31, 33, 34, 36, 45, and 69. 

B. For matters concerning this Order, the Commission and Plaintiff are authorized 

to communicate directly with Defendant. Defendant must permit 

representatives of the Commission and Plaintiff to interview any employee or 

other person affiliated with Defendant who has agreed to such an interview. 

The person interviewed may have counsel present. 

C. The Commission and Plaintiff may use all other lawful means, including 

posing, through its representatives as consumers, suppliers, or other individuals 

or entities, to Defendant or any individual or entity affiliated with Defendant, 

without the necessity of identification or prior notice. Nothing in this Order 

limits the Commission’s lawful use of compulsory process, pursuant to Sections 

9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

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_______________________________ 

Case 1:22-cv-00176 Document 2 Filed 01/25/22 Page 23 of 27 

XIX. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order. 

SO ORDERED this day of ______________ , 2022. 

UNITED STATES DISTRICT JUDGE 

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f @ 

No longer want to receive these emails? Unsubscribe. Hubble Contacts PO Box 20589 New York, NY 10023 

Case 1:22-cv-00176 Document 2 Filed 01/25/22 Page 24 of 27 

ATTACHMENT A 

[EMAIL NOTICE] 

[EMAIL CONTENT] 

IMPORTANT NOTICE ABOUT HUBBLE CONTACT LENSES 

Dear Hubble customer: 

We are writing as part of a settlement with the Federal Trade Commission 

(FTC) because, as a customer of Hubble (Vision Path, Inc.), you may have 

received Hubble contact lenses that were not fit on your eyes or prescribed. 

The FTC says that we may not have properly verified your prescription 

with your doctor before sending you contact lenses. 

You shouldn’t wear contact lenses that weren’t prescribed for you or 

properly fitted for your eyes because it could cause injuries or other 

complications. And you should always check with your eye doctor before 

trying a new type or brand of contact lenses. 

For more information, visit www.ftc.gov/contacts. To learn more about the 

FTC’s case, you can visit [insert link to public case site]. 

[Vision Path, Inc. signatory] 

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Case 1:22-cv-00176 Document 2 Filed 01/25/22 Page 25 of 27 

SO STIPULATED AND AGREED: 

FOR PLAINTIFF: 

THE UNITED STATES OF AMERICA 

DATED: January 25, 2022 

BRIAN M. BOYNTON 

Acting Assistant Attorney General 

ARUN G. RAO 

Deputy Assistant Attorney General 

\GUSTAV W. EYLER 

(D.C. Bar No. 997162) 

Director 

Consumer Protection Branch 

LISAK. HSIAO 

(D.C. Bar No. 444890) 

Assistant Director 

Consumer Protection Branch 

/s/ Claude F. Scott 

CLAUDE F. SCOTT 

(D.C. Bar No. 414906) 

Senior Litigation Counsel 

Consumer Protection Branch 

U.S. Department of Justice 

450 5th Street, NW 

Washington, DC 20530 

Telephone: (202) 514-9471 

Facsimile: (202) 514-8742 

Email: Claude.F.Scott@usdoj.gov 

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Case 1:22-cv-00176 Document 2 Filed 01/25/22 Page 26 of 27 

FEDERAL TRADE COMMISSION 

Date: January 10, 2022 

Alysa S. Bernstein, Attorney 

Paul Spelman, Attorney 

Federal Trade Commission Washington, 

DC 20580 

Phone: 202-326-3289, 202-326-2487 

Fax: 202-326-3259 

abernstein@ftc.gov 

pspelman@ftc.gov 

FOR DEFENDANTS: 

Date: September 17, 2021 

Edith Ramirez, Esq. 

Hogan Lovells US LLP 

Columbia Square 

555 Thirteenth Street, NW 

Washington, D.C. 20004 

Phone: 202-637-5509 

Fax: 202-637-5910 

edith.ramirez@hoganlovells.com 

COUNSEL FOR VISION PATH, INC. 

DEFENDANT: VISION PATH, INC. 

Date: September 17, 2021 

Officer of Vision Path, Inc. 

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Case 1:22-cv-00176 Document 2 Filed 01/25/22 Page 27 of 27 

CERTIFICATE OF SERVICE 

I hereby certify that I emailed a true and correct copy of the foregoing document to 

Edith Ramirez, attorney for Defendant, on January 25, 2022. Ms. Ramirez has agreed to 

accept service of this document by email on behalf of Defendant. 

/s/ Claude F. Scott, Jr. 

CLAUDE F. SCOTT, JR. 

(D.C. Bar No. 414906) 

Senior Litigation Counsel 

Consumer Protection Branch 

U.S. Department of Justice 

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