I 
109TH CONGRESS 
2D SESSION 
H. R. 5762 
To amend the Fairness to Contact Lens Consumers Act with respect to 
the availability of contact lenses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2006 
Mr. TERRY introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the Fairness to Contact Lens Consumers Act 
with respect to the availability of contact lenses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Contact Lens Con-
sumer Protection Act’’. 
SEC. 2. CONTACT LENS CONSUMER PROTECTION. 
The Fairness to Contact Lens Consumers Act (15 
U.S.C. 7601 et seq.) is amended by inserting after section 
7, the following new section: 
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‘‘SEC. 7A. POLICY REGARDING THE AVAILABILITY OF CON-
TACT LENSES. 
‘‘(a) IN GENERAL.—A manufacturer shall make any 
contact lens the manufacturer produces, markets, distrib-
utes, or sells available in a commercially reasonable and 
nondiscriminatory manner to— 
‘‘(1) prescribers; 
‘‘(2) entities associated with prescribers; and 
‘‘(3) alternative channels of distribution. 
‘‘(b) EXCLUSION.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘contact lens’ does not include lenses 
that are described in paragraph (2). 
‘‘(2) LENSES
DESCRIBED.—The lenses de-
scribed in this paragraph include— 
‘‘(A) rigid gas permeable lenses; 
‘‘(B) bitoric gas permeable lenses; 
‘‘(C) bifocal gas permeable lenses; 
‘‘(D) keratoconus lenses; 
‘‘(E) custom soft toric lenses; and 
‘‘(F) any other custom designed lenses 
that are manufactured for an individual patient 
and are not mass marketed or mass produced. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ALTERNATIVE
CHANNELS
OF
DISTRIBU-
TION.—The term ‘alternative channels of distribu-
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tion’ means any mail order company, Internet re-
tailer, pharmacy, buying club, department store, or 
mass merchandise outlet, without regard to whether 
the entity is associated with a prescriber, unless the 
entity is a competitor as defined in paragraph (2). 
‘‘(2) COMPETITOR.—The 
term 
‘competitor’ 
means an entity that manufactures contact lenses 
and sells the lenses in direct competition with an-
other manufacturer. 
‘‘(3) MANUFACTURER.—The term ‘manufac-
turer’ includes the manufacturer and the parent 
company of the manufacturer, and any subsidiaries, 
affiliates, successors, and assigns of the manufac-
turer. 
‘‘(d) SAFE HARBOR FOR MANUFACTURERS.—Noth-
ing in this section shall be deemed to impose on a manu-
facturer an obligation to— 
‘‘(1) sell to a competitor; 
‘‘(2) sell contact lenses to different contact lens 
distributors or customers at the same price, con-
sistent with applicable Federal law; 
‘‘(3) open or maintain any account for a seller 
who is not in substantial compliance with this Act; 
‘‘(4) decide whether to sell to a low volume ac-
count directly or through a distributor; or 
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‘‘(5) make available to sellers in all geographic 
areas lenses that are being test marketed on a lim-
ited basis in one geographic area. 
‘‘(e) RULEMAKING.—The Federal Trade Commission 
shall prescribe rules to carry out this section in the same 
manner as set forth under section 8 of this Act and any 
rule prescribed under this section shall take effect not 
later than 60 days after the date of the enactment of this 
Act. 
‘‘(f) VIOLATIONS.—Any violation of this section or 
the rules required under subsection (e) shall be treated 
in the same manner as provided for under section 9 of 
this Act.’’. 
Æ 
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