UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of FILE NO. 192-3157 

LCA-VISION, a corporation, d/b/a AGREEMENT CONTAINING 

LASIKPLUS, also d/b/a JOFFE CONSENT ORDER 

MEDICENTER 

The Federal Trade Commission (“Commission”) has conducted an investigation of 

certain acts and practices of LCA-Vision, a corporation (“Proposed Respondent”). The 

Commission’s Bureau of Consumer Protection (“BCP”) has prepared a draft of an administrative 

Complaint (“draft Complaint”). BCP and Proposed Respondent, individually or through its duly 

authorized officers, enter into this Agreement Containing Consent Order (“Consent Agreement”) 

to resolve the allegations in the attached draft Complaint through a proposed Decision and Order 

to present to the Commission, which is also attached and made a part of this Consent Agreement. 

IT IS HEREBY AGREED by and between Proposed Respondent and BCP, that: 

1. The Proposed Respondent is LCA-Vision, doing business as LasikPlus and Joffe 

MediCenter, an Ohio corporation with its principal place of business at 7840 

Montgomery Road, Cincinnati, OH 45326. 

2. Proposed Respondent neither admits nor denies any of the allegations in the draft 

Complaint, except as specifically stated in the Decision and Order. Only for purposes 

of this action, Proposed Respondent admits the facts necessary to establish 

jurisdiction. 

3. Proposed Respondent waives: 

a. Any further procedural steps; 
 

 

 

 

 

 

 

b. The requirement that the Commission’s Decision contain a statement of findings 

of fact and conclusions of law; and 

c. All rights to seek judicial review or otherwise to challenge or contest the validity 

of the Decision and Order issued pursuant to this Consent Agreement. 

4. This Consent Agreement will not become part of the public record of the proceeding 

unless and until it is accepted by the Commission. If the Commission accepts this 

Consent Agreement, it, together with the draft Complaint, will be placed on the public 

record for 30 business days and information about them publicly released. 

Acceptance does not constitute final approval, but it serves as the basis for further 

actions leading to final disposition of the matter. Thereafter, the Commission may 

either withdraw its acceptance of this Consent Agreement and so notify Proposed 

Respondent, in which event the Commission will take such action as it may consider 

appropriate, or issue and serve its Complaint (in such form as the circumstances may 

require) and decision in disposition of the proceeding, which may include an Order. 

See Section 2.34 of the Commission’s Rules, 16 C.F.R. § 2.34 (“Rule 2.34”). 

5. If this agreement is accepted by the Commission, and if such acceptance is not 

subsequently withdrawn by the Commission pursuant to Rule 2.34, the Commission 

may, without further notice to Proposed Respondent: (1) issue its Complaint 

corresponding in form and substance with the attached draft Complaint and its 

Decision and Order; and (2) make information about them public. Proposed 

Respondent agrees that service of the Order may be effected by its publication on the 

Commission’s website (ftc.gov), at which time the Order will become final. See Rule 

2.32(d). Proposed Respondent waives any rights it may have to any other manner of 

service. See Rule 4.4. 

6. When final, the Decision and Order will have the same force and effect and may be 

altered, modified, or set aside in the same manner and within the same time provided 

by statute for other Commission orders. 

7. The draft Complaint may be used in construing the terms of the Decision and Order, 

when final. No agreement, understanding, representation, or interpretation not 

contained in the Decision and Order or in this Consent Agreement may be used to 

vary or contradict the terms of the Decision and Order. 

8. Proposed Respondent agrees to comply with the terms of the proposed Decision and 

Order from the date that Proposed Respondent signs this Consent Agreement. 

Proposed Respondent understands that it may be liable for civil penalties and other 

relief for each violation of the Decision and Order after it becomes final. 

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LCA-VISION FEDERAL TRADE COMMISSION 

By: __________________ By: ________________________ 

Craig P.R. Joffe Paul Spelman 

Chief Executive Officer Attorney, Bureau of Consumer Protection 

Date:_________________ 

APPROVED: 

________________________ 

Serena Viswanathan 

Associate Director 

Division of Advertising Practices 

________________________ 

Samuel Levine 

Director 

Bureau of Consumer Protection 

Date:_________________ 

___________________ 

Randal Shaheen 

BakerHostetler 

Attorney for Proposed Respondent 

___________________ 

John. P. Ferry 

BakerHostetler 

Attorney for Proposed Respondent 

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