template-letter-contact-lens - cease and desist letter for contact lens prescription requirements

Sep 15, 2026

Cease-and-desist correspondence addresses violations of the Fairness to Contact Lens Consumers Act and the Contact Lens Rule, outlining duties imposed on contact lens prescribers and sellers. The notice advises stopping practices that require improper payment, block delivery of prescriptions to authorized third-party sellers, or refuse valid verification requests without legitimate grounds. It also references risks of civil penalties for noncompliance and instructs recipients to review and revise practices to meet required consumer-protection obligations.

LanguageEnglish

CategoryLetters

FormatPDF

Pages4

Reading Time2 min

AccessFree to download

COMPLYING WITH THIRD-PARTY SELLER REQUESTS FOR PRESCRIPTIONS

Prescription provision and payment requirements

Verification requests and prescription accuracy

Private label contact lenses substitution

1 15 U. S.C. § 7601(b); 16 C.F.R. § 315.3. A prescriber may require a patient to pay for the eye exam, fitting, and evaluation before giving the patient a copy of the prescription, 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. and the Rule impose requirements on contact lens prescribers and sellers that are intended to protect consumers’ health while allowing consumers to comparison shop for contact lenses. You are advised to immediately cease and desist from engaging in any acts or practices that violate the Act and the Rule. Violations ofthe Rule may result in legal action, including civil penalties of up to $50,120 per violation. You should review the Rule and revise your practices as necessary to ensure that they comply with the Rule’s requirements. For your reference, you may find copies of two business guidance publications produced by the FTC,“The Contact Lens Rule: A Guide for Prescribersand Sellers” and “Complying with the Contact Lens Rule,” on our web site at [https://www.ftc.gov/tips-advice/business-center/guidance/contact-lens-rule-guide-prescribers](https://www.ftc.gov/tips-advice/business-center/guidance/contact-lens-rule-guide-prescribers)sellers and [https://www.ftc.gov/tips-advice/business-center/guidance/faqs-complying-contact](https://www.ftc.gov/tips-advice/business-center/guidance/faqs-complying-contact)lens-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 foryour prompt attention to this matter. . Very truly yours, Serena Viswanathan Associate Director Division of Advertising Practices COMPLYING WITH THIRD-PARTY SELLER REQUESTS FOR PRESCRIPTIONS: [The complaint also indicated that, although your office was willing to place an order for contact lenses for the patient, it subsequently refused to provide the patient’s prescription for those lenses to an authorized third-party seller. Such practices violate the Fairness to Contact Lens Consumers 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 that patients buy contact lenses as a condition of providing a copy of the prescription. Moreover, if you offer to sell a patient contact lenses, the contact lens fitting is complete and you are not only required to automatically provide the prescription to the patient, but you are also 2 16 C.F.R. § 315.3(a)(3) . Further, if a seller sends a proper verification request, you must not deny it by indicating it is expired, inaccurate, or otherwise invalid without a legitimate basis. Specifically, if you inform a third-party seller that the contact lens prescription is inaccurate or invalid, you must specify a basis for the inaccuracy or invalidity of the prescription and correct any inaccuracies. 15 U.S.C. § 7603(e); 16 C.F.R. § 315.5(e) . 3 15 U. S.C. § 7610 (3); 16 C.F.R. § 315.2. 4 The Rule defines private label contact lenses to 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.” 16 C.F.R. § 315.2. If a prescription , specifies private label contact lenses, sellers may substitute such “identical” contact lenses and it is not considered an impermissible alteration of the prescription. 16 C.F.R. § 315.5(f) . 5 15 U. S.C. § 7610; 16 C.F.R. § 315.2.

FAQs

What conduct does the letter require a recipient to stop immediately?

The recipient is advised to immediately cease and desist from acts or practices that violate the Act and the Rule, including conduct inconsistent with the prescription and consumer-protection requirements described in the letter.

What are prescribers required to do regarding a contact lens prescription when a third-party seller is involved?

The letter states that prescribers must provide a copy of the contact lens prescription to the patient at the end of the fitting and cannot require that patients buy contact lenses as a condition of providing that prescription.

How should sellers handle verification requests and claims about prescription accuracy?

If a seller sends a proper verification request, the prescriber must not deny it by saying it is expired, inaccurate, or invalid without a legitimate basis. If the prescription is said to be inaccurate or invalid, the prescriber must specify the basis and correct any inaccuracies.

Sep 15, 2026

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