JACKSONVILLE, Fla.—Johnson & Johnson Vision Care announced yesterday that it is 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.

“The patient comes first,” said Millicent Knight, OD, vice president of professional affairs, Johnson & Johnson Vision Care. “We believe that it is in the best interest of the patient to see an eye doctor on a regular basis, and we will continue to advocate state by state to protect that relationship. Johnson & Johnson Vision Care, Inc. has a long history of education and advocacy on the issues that matter most to our patients, doctors and customers, and we’re more active than ever before across the country working for the future of patient eye and overall health.”

Johnson & Johnson said its new approach includes category growth initiatives and a rewards program that allows patients to submit for savings before they leave their eyecare professional’s office. These commercial initiatives will further improve patient affordability and access. Unlike current programs used in the industry, this rewards program will be simple and convenient for patients and eyecare professionals’ staff.

1-800 Contacts won a victory in May, 2015, when a federal judge in Utah refused to side with allegations by Johnson & Johnson Vision Care, Alcon and Bausch + Lomb that the “Contact Lens Consumer Protection Act” was unconstitutional. The law prevents contact lens manufacturers from requiring all contact lens distributors to adhere to the UPP that establishes minimum retail prices.

The three contact lens makers sued to strike down the law, saying it benefits 1-800 Contacts and had the unconstitutional effect of changing lens pricing nationwide through online sales. Utah argues those are considered in-state transactions, no matter where the customer is located. The case reached the 10th Circuit Court of Appeals in August. The judges allowed the law to take effect before issuing a final ruling.