Alcon has announced that it is ending its unilateral pricing policies (UPP), effective immediately, in light of a Utah court decision that upholds the Contact Lens Consumer Protection Act. The Act prohibits various types of commercial practices by contact lens manufacturers, including minimum advertised pricing (MAP) and unilateral pricing policies (UPP) on contact lenses.
In a letter to its eyecare professional customers, Eric Bruno, general manager of Alcon US Vision Care, stated: “We are extremely disappointed in the court’s decision to allow the Utah law to remain in effect, as we believe it violates the Commerce Clause of the US Constitution. Alcon was the first company to file a lawsuit in the U.S. District Court for the District of Utah challenging the law and seeking a preliminary injunction against its enforcement. When the District Court denied Alcon’s motion for preliminary injunction, permitting the law to take effect, we appealed to the Tenth Circuit.”
Alcon stated that continuing its challenge to the Utah law will distract from its efforts to serve all customers. It is ending its UPP to avoid maintaining the competitive imbalance the Utah law introduces between Utah contact lens retailers and our customers in other states.
Instead, the company states that it will focus its efforts on
supporting ECPs and patients in various ways, including: Continuing to provide ECPs with simplified single column pricing for our latest contact lens innovations; and
investing in patient programs such as DAILIES CHOICE, which provide patients access to the latest technological advances in lenses, through high value consumer rebates.
To read the entire letter and to learn more about what Alcon plans to do to support ECPs, click here
In April 2016, Johnson & Johnson Vision Care announced that it was discontinuing its UPP. At the time, other contact lens companies remained committed to UPP. To read an update of company’s stance, click here.