WASHINGTON, D.C.—The long-running battle over control of contact lens sales which pits major manufacturers such as Johnson & Johnson, Alcon and Bausch + Lomb as well as the American Optometric Association (AOA) against some leading national optical retailers is taking a new turn as several of the retailers launch a coalition and advocacy campaign to press for deregulating the contact lens market.

The initial membership of the new group, called the Coalition for Contact Lens Consumer Choice, consists of 1-800 Contacts, Costco Wholesale and Lens.com. In a statement released yesterday, the group said it will oppose legislation recently introduced in the U.S. Senate that would “severely restrict where consumers can purchase their contact lenses.”

“Contact lens consumers should be able to buy their lenses at affordable prices wherever and whenever they wish, whether online, over-the-phone or in a store,” said Brian Bethers, chief executive officer of 1-800 Contacts. “This coalition will strongly resist efforts by the optometric trade association to roll back protections in current law that allow consumers to buy lenses from the retailer they choose.”

Richard Chavez, senior vice president of Costco Wholesale, commented, “While many of our over 52 million U.S. cardholders enjoy the convenience of examinations by independent eye doctors with offices in our warehouses, some bring us prescriptions from other doctors. “They do so for the value and convenience that we offer. We want to provide those members the same seamless service that we offer in our pharmacies, without barriers thrown up by doctors who prefer that they, rather than Costco, sell our members contact lenses.”

Cary Samourkachian, founder and chief executive officer of Lens.com, added, “Consumers have had to fight for nearly two decades against the collusive efforts of optometrists and the multibillion dollar lens manufacturers who are trying to deprive contact lens wearers of choice and lower prices. Congress stood up for consumers when they passed the Fairness to Contact Lens Consumers Act in 2003 and should stand up for them again now by defeating the current effort to undermine it.”

Since April 18, more than 17,000 individuals have already signed a petition to Congress urging senators and representatives to reject the proposed legislation, according to the Coalition, which is inviting contact lens wearers, eyecare professionals, consumer groups, good government advocacy organizations and others to join it.

The AOA has been pushing back with its own efforts to influence legislators. As VMail reported, from April 17 to 19, AOA’s Congressional Advocacy Conference convened AOA-member doctors, leaders and students in Washington, D.C. to voice the profession’s priority issues and concerns to nation's lawmakers. According to the organization, more than 500 AOA doctors and students will work to build more support for AOA’s top legislative priorities, including the AOA and American Dental Association-backed H.R. 3323, the Dental and Optometric Care Access Act, which represents a national counterattack on the anti-patient and anti-doctor policies of health and vision plans, the AOA said.

Additionally, advocates will “educate lawmakers on the importance of S. 2777, the Contact Lens Consumer Health Protection Act of 2016, which seeks to crack down on internet sales tactics and schemes that deceive the public, risk patient health and add to health care costs.

In a related development, VMail reported last week that Johnson & Johnson Vision Care announced it was discontinuing its controversial Unilateral Pricing Policy (UPP) for contact lenses and replacing it with new programs that “ensure broad access and support the needs of patients, doctors and customers.”

The company said it is focusing its advocacy efforts to “defend regulation of the contact lens industry.” The UPP policy, which sets minimum prices for eye doctors who dispense contact lenses, has come under fire from discount sellers such as 1-800 Contacts and Costco who have taken legal action against it aimed at deregulating contact lens sales.

Earlier this month, VMail reported that 1-800 Contacts notified the Federal Trade Commission (FTC) of alleged violations by “nearly 28,000 optometrists and other eyecare providers of the Fairness to Contact Lens Consumers Act of 2004 (FCLCA).” The Act requires ECPs to provide patients with a copy of their contact lens prescription.