FTC 16 CFR Part 315 Public Workshop Examining Contact Lens Marketplace And Analyzing Proposed Changes To The Contact Lens Rule #2945

Submission Number:
Jeffrey Schultz
Initiative Name:
FTC 16 CFR Part 315 Public Workshop Examining Contact Lens Marketplace And Analyzing Proposed Changes To The Contact Lens Rule
Dear FTC Commissioners: I am a doctor of optometry providing essential frontline eye health and vision care in my home community of Independence, Ohio. There is no justification for targeting eye doctors-optometrists and ophthalmologists-and our patients with new paperwork and document storage requirements as your misguided Contact Lens Rule proposal would do, while the Commission allows retailers who blatantly violate the law to operate unchecked. Your agency's own complaint data confirms that doctors comply with the law, a finding that Members of Congress have specifically recognized in Congressional hearings with FTC officials and further affirmed on March 23rd through passage of 2018 government funding legislation (Public Law 115-141) and the following report directive: Contact Lenses-The [Senate Appropriations] Committee is disappointed in the FTC's decision not to include the proposed patient safety improvements related to the prescription verification process in its draft contact lens rule and instead impose new paperwork requirements on patients and doctors that are unnecessarily burdensome. The Committee directs the FTC to prioritize patient safety and consider enforcement mechanisms under its existing authority or revisions to the draft rule that address sales of excessive quantities of lenses, illegal substitutions, and communication challenges associated with prescription verification, including robo-calls. The Committee further directs the FTC to continue to confer and consult with other Federal agencies, including the Food and Drug Administration, to optimize its enforcement and consumer education activities. I have always been taught "do no harm". Please do not let outside influences color your decisions. All contact lenses are not equal, they can be made of different materials, be different sizes and shapes. Arbitrarily changing the lens from "A" to "B" just because the power is the same is not the same lens. Patient safety should be first and foremost. Contact lenses are medical devices not games of chance. Patients must always be placed first. Large big box companies and on-line retailers seek to create onerous paperwork for the eye doctors. It is hard keeping up with the paperwork that is currently required to maintain our offices, but to add additional work is not realistic. Fake news has become a rallying point, and paid consultants including the Daily Caller, Breitbart, the Washington Examiner, and the Daily Wire, have become a source of unfounded claims urging you to continue with the proposed rule. I urge you to listen to the nation's eye doctors and other public health experts in recognizing contact lenses as a medical device and by joining with the Food and Drug Administration (FDA) and the Centers for Disease Control (CDC) in making quality care and patient health and safety a priority in Washington, DC. Sincerely, Dr Jeffrey E Schultz, OD, MS, FAAO