[Federal Register: April 2, 2003 (Volume 68, Number 63)]
[Notices]
[Page 16054-16055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap03-81]
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FEDERAL TRADE COMMISSION
[File No. 022 3053]
The Laser Vision Institute, LLC; Analysis To Aid Public Comment
AGENCY: Federal Trade Commission.
ACTION: Proposed consent agreement.
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SUMMARY: The consent agreement in this matter settles alleged
violations of Federal law prohibiting unfair or deceptive acts or
practices or unfair methods of competition. The attached Analysis to
Aid Public Comment describes both the allegations in the draft
complaint that accompanies the consent agreement and the terms of the
consent order--embodied in the consent agreement--that would settle
these allegations.
DATES: Comments must be received on or before April 25, 2003.
ADDRESSES: Comments filed in paper form should be directed to: FTC/
Office of the Secretary, Room 159-H, 600 Pennsylvania Avenue, NW.,
Washington, DC 20580. Comments filed in electronic form should be
directed to: consentagreement@ftc.gov, as prescribed below.
FOR FURTHER INFORMATION CONTACT: Matthew Daynard, FTC, Bureau of
Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC
20580, (202) 326-2805.
SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec. 2.34 of
the Commission's rules of practice, 16 CFR 2.34, notice is hereby given
that the above-captioned consent agreement containing a consent order
to cease and desist, having been filed with and accepted, subject to
final approval, by the Commission, has been placed on the public record
for a period of 30 days. The following Analysis to Aid Public Comment
describes the terms of the consent agreement, and the allegations in
the complaint. An electronic copy of the full text of the consent
agreement package can be obtained from the FTC home page (for March 26,
2003), on the World Wide Web, at http://www.ftc.gov/os/2003/03/index.htm.
A paper copy can be obtained from the FTC Public Reference
Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580,
either in person or by calling (202) 326-2222.
Public comments are invited, and may be filed with the Commission
in either paper or electronic form. Comments filed in paper form should
be directed to: FTC/Office of the Secretary, Room 159-H, 600
Pennsylvania Avenue, NW., Washington, DC 20580. If a comment contains
nonpublic information, it must be filed in paper form, and the first
page of the document must be clearly labeled ``confidential.'' Comments
that do not contain any nonpublic information may instead be filed in
electronic form (in ASCII format, WordPerfect, or Microsoft Word) as
part of or as an attachment to email messages directed to the following
email box: consentagreement@ftc.gov. Such comments will be considered
by the Commission and will be available for inspection and copying at
its principal office in accordance with Sec. 4.9(b)(6)(ii) of the
Commission's rules of practice, 16 CFR 4.9(b)(6)(ii)).
Analysis of Proposed Consent Order To Aid Public Comment
The Federal Trade Commission has accepted, subject to final
approval, an agreement containing a consent order from The Laser Vision
Institute, LLC and its principals, Marco Musa, Max Musa, and
Marc'Andrea Musa (collectively, ``LVI'').
The proposed consent order has been placed on the public record for
30 days for receipt of comments by interested persons. Comments
received during this period will become part of the public record.
After 30 days, the Commission will again review the agreement and the
comments received, and will decide whether it should withdraw from the
agreement or make final the agreement's proposed order.
This matter involves alleged misleading representations about LASIK
(laser assisted in situ keratomileusis) refractive surgery services
designed to improve the focusing power of the eye by permanently
changing the shape of the cornea (the clear covering of the front of
the eye), thereby reducing patients' dependence on eyeglasses and
contact lenses.
The complaint alleges that LVI failed to substantiate claims that
its LASIK surgery services: (1) Eliminate the need for glasses and
contacts for life; (2) eliminate the need for reading glasses; and (3)
eliminate the need for bifocals. Among other reasons, the complaint
alleges that LASIK surgery does not eliminate most peoples' need for
reading glasses.
According to the FTC complaint, LVI falsely claimed that consumers
will receive a free consultation that determines their candidacy for
LASIK. In fact, the complaint alleges that consumers receive a free,
initial meeting with an LVI representative during which consumers
receive a quoted price for the procedure based on their prescription
and other desired services, and are required to pay a $300 deposit
before the risks and limitations of LASIK are disclosed to them and
their candidacy is determined by a health care professional at a future
time. The $300 deposit is non-refundable if, after the consultation,
consumers elect not to undergo the procedure. Consumers are refunded
$200 of the deposit if they are later rejected as medical candidates.
The proposed consent order contains provisions designed to prevent
LVI from engaging in similar acts and practices in the future.
[[Page 16055]]
Part I of the order prohibits claims that LASIK surgery services or
any other refractive surgery services: (1) Eliminate the need for
glasses and contacts for life; (2) eliminate the need for reading
glasses; or (3) eliminate the need for bifocals, unless the claims are
substantiated by competent and reliable scientific evidence.
``Refractive surgery services'' are defined as any surgical procedure
designed to improve the focusing power of the eye by permanently
changing the shape of the cornea.
Part II of the order requires that future claims about the
benefits, performance, efficacy, or safety of any refractive surgery
service be substantiated by competent and reliable scientific evidence.
Part III of the order prohibits LVI from misrepresenting: (1) That
consumers will receive a free consultation that determines their
candidacy for LASIK or any other refractive surgery services; (2) the
cost to consumers to have their candidacy for refractive surgery
services determined; or (3) the information consumers will receive
during a consultation for refractive surgery services.
Part IV of the order permits device claims approved by the FDA
under any new medical device application.
Parts V and VI of the order require LVI to keep copies of relevant
advertisements and materials substantiating claims made in the
advertisements, and provide copies of the order to certain of its
personnel.
Part VII of the order requires the corporate respondent to notify
the Commission of changes in corporate structure.
Part VIII of the order requires the individual respondents to
notify the Commission of their employment status in the eye care
industry.
Part IX of the order requires LVI to file compliance reports with
the Commission, and Part X provides that the order will terminate after
20 years under certain circumstances.
The purpose of this analysis is to facilitate public comment on the
proposed order, and it is not intended to constitute an official
interpretation of the agreement and proposed order or to modify in any
way their terms.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 03-7931 Filed 4-1-03; 8:45 am]
BILLING CODE 6750-01-P