United States of America

FEDERAL TRADE COMMISSION

Washington, D.C. 20580

Division of

Advertising Practices

January 27, 2023

XXXX

VIA FED EX

CEASE AND DESIST DEMAND 

To Whom It May Concern:

The staff of the Division of Advertising Practices of the Federal Trade Commission 

recently received a complaint claiming that your office failed to automatically provide a patient

with their eyeglass and contact lens prescriptions immediately upon completion of their eyeglass 

exam and contact lens fitting and required the patient to pay a fee as a condition of releasing the 

prescriptions. Such practices violate the Fairness to Contact Lens Consumers Act (“the Act”), 15 

U.S.C. § 7601 et seq., and the Contact Lens Rule, 16 C.F.R. Part 315, which require prescribers 

to provide a copy of the contact lens prescription to the patient at the end of the contact lens 

fitting, even if the patient does not request it, and prohibit prescribers from requiring payment of 

additional fees as a condition of providing or verifying a patient’s prescription. Such practices 

also violate the FTC’s Ophthalmic Practice Rules, 16 C.F.R. Part 456, known as the Eyeglass 

Rule, which require prescribers to provide a copy of the eyeglass prescription immediately after 

the eye examination, even if the patient does not request it, and prohibit prescribers from 

charging any fee in addition to the examination fee as a condition to releasing the prescription.0F

1

In addition, the Act and the Rules prohibit prescribers from requiring that patients buy 

ophthalmic goods as a condition of providing a copy of the prescription, and prohibit prescribers 

from requiring patients to sign a waiver or release as a condition of releasing the prescription. 15 

U.S.C. § 7601(b); 16 C.F.R. § 315.3; 16 C.F.R. § 456.2. According to the Eyeglass Rule, 

prescribers cannot refuse to perform an eye exam unless the patient purchases ophthalmic goods 

from the prescriber. 16 C.F.R. § 456.2.

The Contact Lens Rule also requires a prescriber with a direct or indirect financial 

interest in the sale of contact lenses to ask patients to confirm that they received their 

1 A prescriber may require a patient to pay for the eye exam (and fitting for contact lens 

exams) before giving the patient a copy of the prescriptions, but only if the prescriber also 

requires immediate payment from patients whose exams reveal no need for ophthalmic goods. 15 

U.S.C. § 7602; 16 C.F.R. § 315.4; 16 C.F.R. § 456.2(a).
XXXX

January 27, 2023

Page 2

prescription by signing an acknowledgment of receipt, a prescriber-retained copy of a contact 

lens prescription, or a prescriber-retained copy of the examination receipt. 16 C.F.R. § 

315.3(c)(1)(A-C). Both the Act and the Rules impose requirements on prescribers that are 

intended to allow consumers to comparison shop for contact lenses and eyeglasses. 

You are advised to immediately cease and desist from engaging in any acts or practices 

that violate the Act and the Rules. Violations of the Rules may result in legal action, including 

civil penalties of up to $50,120 per violation. 

You should review the Rules and revise your practices as necessary to ensure that they 

comply with the Rules’ requirements. For your reference, you may find copies of business

guidance publications produced by the FTC, “The Contact Lens Rule: A Guide for Prescribers 

and Sellers”, “Complying with the Contact Lens Rule”, and “Complying with the Eyeglass Rule”,

on our web site at https://www.ftc.gov/tips-advice/business-center/guidance/contact-lens-ruleguide-prescribers-sellers, https://www.ftc.gov/tips-advice/business-center/guidance/faqscomplying-contact-lens-rule, and https://www.ftc.gov/business-guidance/resources/complyingeyeglass-rule. 

Within 5 business days of receipt of this letter, send a message to Alysa Bernstein and 

Sarah Botha via electronic mail at abernstein@ftc.gov and sbotha@ftc.gov describing the 

specific action you plan to take to address the reported violations. For any questions you have, 

please contact Ms. Bernstein at (202) 326-3289 or Ms. Botha at (202) 326-2036. Thank you for 

your prompt attention to this matter.

Very truly yours,

Serena Viswanathan

Associate Director

Division of Advertising Practices