SALT LAKE CITY—Following last week’s attempt by Utah, Costco and 1-800 CONTACTS to lift an injunction blocking a new state law that would have banned contact lens manufacturers from using Unilateral Pricing Policies (UPP) to set minimum retail prices on certain products, Alcon, Johnson & Johnson Vision Care and Bausch + Lomb filed papers in the 10th U.S. Circuit Court of Appeals on Tuesday, June 2, 2015, requesting that the injunction be solidified.

"The brazen overreach of the Utah legislature and its Attorney General is unconstitutional," attorneys for the contact lens manufacturers wrote in Tuesday’s court documents.

In previous statements provided to VMail and in court documents, all three contact lens manufacturers assert that the new Utah law “violates the Commerce Clause of the Constitution and is at odds with Supreme Court precedent.”

The contact lens manufacturers are appealing a decision from U.S. District Judge Dee Benson for the District of Utah, who ruled last month that the Utah law is a legal antitrust measure. The contact lens manufacturers have requested that the 10th U.S. Circuit Court of Appeals maintain its order that Utah cannot enforce its anti-UPP law until the court makes a decision regarding their appeal. No deadline has been set for the court to rule in the case.