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Contested Utah Law Could Impact Contact Lens Industry

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A contact lens is shown in front of a 1-800-Contacts shipping box Wednesday, May 13, 2015, in Salt Lake City. A law banning price-fixing for contact lenses that took effect this week in Utah is a setback for the nation's largest manufacturers that could have ripple effects across the country amid an increasingly bitter fight with discount retailers. (AP Photo/Rick Bowmer)

A contact lens is shown in front of a 1-800-Contacts shipping box Wednesday, May 13, 2015, in Salt Lake City. A law banning price-fixing for contact lenses that took effect this week in Utah is a setback for the nation’s largest manufacturers that could have ripple effects across the country amid an increasingly bitter fight with discount retailers. (AP Photo/Rick Bowmer)

Lindsay Whitehurst, ASSOCIATED PRESS

 
SALT LAKE CITY (AP) — A law banning price-fixing for contact lenses that took effect this week in Utah is a setback for the nation’s largest manufacturers that could have ripple effects across the country amid an increasingly bitter fight with discount retailers.

The new law appears to clear the way for the largest online discount seller, Utah-based 1-800 Contacts, to disregard minimum prices set by the lens makers and sell at a discount across state lines, said Steve DelBianco, executive director of the Internet sellers trade group NetChoice.

“That’s good for consumers, who pay less for their lenses when they buy from Utah suppliers,” he said in an email message. But contact lens manufacturers Johnson & Johnson, Bausch & Lomb and Alcon Laboratories disagree, and the measure is still in legal limbo. They call the law an unconstitutional overreach written specifically to bolster the Utah-based 1-800 Contacts and are fighting it in court.

Utah officials, meanwhile, have been vague on whether it will allow Utah companies to sell at discounted rates to customers outside the state. 1-800 Contacts said they plan to lower their prices, but did not respond to questions from The Associated Press about whether that would apply to customers outside the state. As of Wednesday afternoon, the price for a 12-pack of the popular Acuvue Oasys brand hadn’t changed.

At stake is control of a roughly $4 billion market with some 38 million American customers, according to court papers. Many contact lens sales come from eye doctors, who issue prescriptions that are brand and model specific, but discount retailers have been growing in recent years. 1-800 Contacts has captured about 10 percent of the national market, court documents state.

The manufacturers say that the minimum prices protect eye doctors, allowing the professionals to talk to their patients about the right lenses for them without having to worry about prices.

“There is no need to shop around for a better price,” Johnson and Johnson company attorneys wrote. The American Optometric Association said in a statement Wednesday that going to the doctor for lenses also helps keep people’s eyes safe.

But the discounters say that the minimum prices hurt customers by making lenses more expensive. The discount giant Costco says the manufacturer’s minimum price rules forced them to raise prices by more than 20 percent on some brands. Prices on the popular Acuvue Oasys brand increased from about $52 for a 12-pack to about $68 last year, according to court papers.

On Monday, a federal judge sided with Utah and discount companies when he refused to block the law from going into effect the following day. U.S. District Judge Dee Benson said it appears to be a legal antitrust measure designed to keep the manufacturers from squelching competition with the minimum prices.

The minimum price rules have also drawn ire elsewhere, sparking 40 class action lawsuits across the country and scrutiny from Congress since the manufacturers started setting them about two years ago, according to Monday’s ruling. Nine states have considered similar legislation similar to that passed in Utah.

The manufacturers are appealing Benson’s ruling to the 10th Circuit Court of Appeals in Denver.

A constitutional law expert said Wednesday that the law doesn’t appear to run afoul of interstate commerce rules because it bolsters competition rather than protects a local company.

“This is just garden variety economic regulation,” said Richard Primus, professor of law at the University of Michigan. The potential penalty in the law appears to be more legally complicated, though. The law allows the state’s attorney general to file a civil action against a contact lens manufacturer if they refuse to sell to a Utah retailer that sells the product too cheaply.

“I don’t see how Utah has the power to do that,” said Primus.

Utah state attorney Parker Douglas said it’s not yet clear how the law will be enforced.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Business

Oakland Children’s Hospital Workers and Patients Rally for Pediatric Medical Care

OAKLAND POST — “Children who go through a bone marrow transplant are immunocompromised, meaning that their immune system has been wiped out,” and having to take public transport to San Francisco exposes patients to the risk of getting a dangerous infection, said Paola Portillo, a social worker.

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Staff and family members of patients at UCSF Benioff Children's Hospital Oakland in Oakland, Calif., hold signs during a rally on Thursday, July 9, 2026. Rally participants protested the relocation of specialized care clinics to the hospital's San Francisco campus. Photo by Kayla Chan/Bay City News.

Staff, patients’ families, and supporters held a rally recently at UCSF Benioff Children’s Hospital in Oakland to protest the hospital’s decision to relocate specialized treatment clinics to San Francisco.

Protesters said the move is creating barriers for patients to access care and raised concerns over whether the hospital was appropriately using funds partially designated for pediatric services.

In response, hospital officials say they are concentrating resources for highly specialized procedures so patients can receive the highest quality of care.

One of the speakers at the rally, Paola Portillo, a social worker, said the hospital started transferring the clinics a year ago when UCSF Health integrated with the Children’s Hospital Oakland, located at 747 52nd St. in North Oakland.

According to Portillo, patients who need bone marrow treatments and interventional radiology are forced to travel to UCSF Benioff Children’s Hospital in San Francisco, which can be dangerous, she said.

“Children who go through a bone marrow transplant are immunocompromised, meaning that their immune system has been wiped out,” and having to take public transport to San Francisco exposes patients to the risk of getting a dangerous infection, she said.

UCSF spokesperson Kristen Bole says the move improves the hospital’s quality of care, giving bone marrow treatment (BMT) as an example.

“Inpatient BMT is a highly complex service where patient volume, specialized infrastructure, faculty coverage and 24/7 support are essential,” she said in a statement. “Concentrating non-gene therapy inpatient BMT care at Mission Bay allows us to provide the safest and most sustainable model for patients and families.”

Hospital officials also emphasized that moving care was not a one-way street. Beginning this month, patients admitted for rehabilitative treatment have been directed to the children’s hospital in Oakland, Bole said.

Speakers at the rally also claimed UCSF has not been transparent about how it has allocated funding from 2020’s Measure C, a measure that created a half-percent sales tax that partially funded pediatric health care at the children’s hospital.

“The community fought so hard for Measure C because every child deserves access to lifesaving, pediatric, high-quality care right here in Oakland,” said Agnes Cho, a policy advisor speaking on behalf of Alameda County Supervisor Nikki Fortunato Bas. “The funding should go towards strengthening care for children right here in Oakland.”

Protesters also said UCSF’s $3.3 billion endowment has been misused. Last October, the University Professional & Technical Employees union published a report on the University of California’s spending, which highlighted projects such as the $4.3 billion UCSF Helen Diller Medical Center at Parnassus Heights.

“What I have a problem with is saying the kids from the East Bay have to go to San Francisco to get care, so that UC can build a fancy hospital for its richest patients in San Francisco,” said union President Dan Russell.

The UCSF spokesperson said UCSF has been investing in its Oakland campus, explaining that upgrades that are expected to be completed in 2030 at a cost of $1.6 billion.

“Oakland is central to our pediatric health system, and we are making the largest investment in the campus’ history,” the spokeswoman said. “We do not make investments of this scale in a campus, workforce or community we plan to leave behind.”

This article includes coverage from Bay City News Service and media releases.

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Commentary

NPRC to Meet with California Attorney General’s Office on to Urge Guardianship Reform

OAKLAND POST — Black has been a professor of law and finance at Northwestern University and Northwestern Pritzker School of Law since 2010. Before joining Northwestern, he served on the faculties of Stanford University, Columbia University, and the University of Texas at Austin, earning international recognition as one of America’s foremost empirical legal scholars.

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Bernard ‘Bernie’ Black. Courtesy photo.

The National Probate Reform Coalition (NPRC) has announced that Bernard ‘Bernie’ Black, a nationally respected legal scholar, will meet with California Assistant Attorney General Eleanor Blume on July 27 to discuss the urgent need for guardianship, conservatorship, and probate reform.

The meeting marks another important step in NPRC’s effort to encourage California’s governor and attorney general to take a leadership role in addressing systemic abuse, financial exploitation, and the lack of meaningful oversight within probate and guardianship courts.

Black has been a professor of law and finance at Northwestern University and Northwestern Pritzker School of Law since 2010. Before joining Northwestern, he served on the faculties of Stanford University, Columbia University, and the University of Texas at Austin, earning international recognition as one of America’s foremost empirical legal scholars.

Despite his legal expertise, Black says neither his knowledge nor his professional reputation protected his family from what he describes as a deeply flawed guardianship system.

Following the death of his mother in 2012, Black’s sister, Joanne, who had lived with schizophrenia for more than 35 years, became the beneficiary of approximately two-thirds of their mother’s $4 million estate through a special needs trust established to provide for her lifetime care.

Seeking to preserve his mother’s estate plan and protect Joanne’s eligibility for public benefits, Black petitioned the Denver Probate Court for a temporary conservatorship and requested judicial approval for actions necessary to preserve assets. According to Black, the case initially appeared to proceed appropriately. Both the court-appointed counsel and a guardian ad litem supported his proposed conservatorship plan.

Black says the case later took a dramatically different turn.

According to Black, court-appointed professionals used family disagreements to seize control of the family trusts. What followed was 12 years of litigation and 96 probate court decisions, resulting in millions of dollars in professional fees.

Black says repeated settlement proposals intended to preserve assets for his sister’s benefit were rejected. He also strongly disputes adverse findings made by the probate court against him, his wife, and his son, arguing the court lacked jurisdiction over members of his family. Appeals were unsuccessful, reinforcing his concern that probate courts exercise extraordinary discretion with insufficient oversight.

Joanne Black passed away on Aug. 14, 2025. Black contends that millions of dollars that should have benefited his sister and preserved his family’s legacy have instead been consumed by litigation and administrative expenses. He continues to fight efforts to deplete the remaining family trusts.

“My sister has died, yet the Denver Probate Court and the guardianship professionals are still pursuing what is left of our family’s money,” Black said. “I’m talking millions of dollars.”

Black believes his family’s experience demonstrates that even experienced attorneys can become overwhelmed by a probate system that often lacks transparency and accountability.

Joining Black at the July 27 meeting will be Rick Black, founder of the Center for Estate Administration Reform (CEAR), who will present his organization’s proposed Victims’ Bill of Rights for individuals and families involved in probate and guardianship proceedings.

Together with the NPRC, they will urge the Attorney General’s Office to investigate fraud, financial exploitation, and predatory practices while aggressively enforcing existing laws that protect elders, disabled adults, and vulnerable families.

NPRC asserts California’s Attorney General, as the state’s chief law enforcement officer, has both the authority and responsibility to investigate fraud, public corruption, and financial exploitation occurring within probate courts.

The Coalition also hopes California will lead a national initiative by working with attorneys general across the country to develop coordinated enforcement strategies and meaningful reforms that restore integrity, transparency, and accountability to probate courts nationwide.

Bernard Black’s experience echoes hundreds of similar stories documented by probate reform advocates throughout the nation. His message to the Attorney General is both simple and sobering:

“If this can happen to one of America’s most respected law professors, it can happen to anyone.”

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Business

Mount Zion MBC, Church of Jesus Christ of Latter-day Saints Partner to Bring 29,000 Meals to Alameda County

OAKLAND POST — A semi-truckload of food arrived at MZMBC in Oakland on Tuesday, July 21. This was one of 250 trucks the LDS church is sending throughout the United States. By the end of the year 10 million pounds of food will be donated. Each truck carries approximately 40,000 pounds of shelf-stable pantry staples that can feed 1,400 families for one week.

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Pastor Michael Wallace of Mt. Zion Missionary Baptist Church (center) and David Kimball, president of the Oakland Stake of the LDS church listen to remarks before volunteers began their work. “We are grateful to partner with these organizations to help care for those in need in our community,” Kimball later told the assembled volunteers. Courtesy photo.

The interfaith community effort commemorates the 250th anniversary of the U.S.

More than 29,000 meals were received and distributed at the historic Mount Zion Missionary Baptist Church in West Oakland as part of an interfaith community effort to commemorate the 250th anniversary of the United States.

The Alameda County Community Food Bank (ACCFB), Mt. Zion Missionary Baptist Church (MZMBC), and the Church of Jesus Christ of Latter-day Saints (LDS) partnered to address food insecurity throughout Alameda County.

A semi-truckload of food arrived at MZMBC in Oakland on Tuesday, July 21. This was one of 250 trucks the LDS church is sending throughout the United States. By the end of the year 10 million pounds of food will be donated. Each truck carries approximately 40,000 pounds of shelf-stable pantry staples that can feed 1,400 families for one week.

Pastor Michael Wallace of Mt. Zion Missionary Baptist Church provides instruction as volunteers unpack pallets of food to be distributed. “We believe that having food is a basic human right and to address it is our Christian duty,” Wallace said. “That’s what makes this partnership so meaningful.” Courtesy photo.
Pastor Michael Wallace of Mt. Zion Missionary Baptist Church provides instruction as volunteers unpack pallets of food to be distributed. “We believe that having food is a basic human right and to address it is our Christian duty,” Wallace said. “That’s what makes this partnership so meaningful.” Courtesy photo.

The need for food is significant. According to the ACCFB, 1 in 4 members of the community they serve is experiencing or at risk of hunger.

“The challenges get much harder during the summer when children no longer have access to healthy meals at school,” says Regi Young, executive director of Alameda County Community Food Bank. “Our community and our food bank face similar challenges accessing some of the highest quality and high demand foods because they are typically also the most expensive.

Oakland Mayor Barbara Lee speaks at the JustServe event.
Oakland Mayor Barbara Lee speaks at the JustServe event.

“Fresh milk is among the top items on these lists, so we are extremely grateful for this donation to help more families stretch their budgets and get through these challenging summer months,” Young said.

Two days later, on July 23, another semi-truck, this one bearing fresh milk from the LDS church, arrived at the ACCFB.
Event organizers share a commitment to caring for those in need and fostering meaningful service connections within communities.

“After 250 years, there is still food insecurity in America, and this is an interfaith community effort to eradicate hunger in our communities and cities,” said Pastor Michael Wallace of Mount Zion. “We believe that having food is a basic human right and to address it is our Christian duty. That’s what makes this partnership so meaningful.”

“Members of the Church of Jesus Christ of Latter-day Saints believe in following the Savior’s commandments to love God and to love our neighbor,” says David Kimball, president of the Oakland Stake of the LDS church. “We are grateful to partner with these organizations to help care for those in need in our community.”

Word Assembly First Lady Denise Clark, left, joined Mt. Zion Missionary Baptist Church First Lady Velma Wallace at the food distribution site, where the first of the 250 truckloads of food LDS will provide to places across the country was distributed. Courtesy photo.
Word Assembly First Lady Denise Clark, left, joined Mt. Zion Missionary Baptist Church First Lady Velma Wallace at the food distribution site, where the first of the 250 truckloads of food LDS will provide to places across the country was distributed. Courtesy photo.

Welcoming the truck’s arrival at 10 a.m. at MZMBC were Kimball, Young, Wallace of MZMBC, and civil rights activist and Post News Group Publisher Paul Cobb. Oakland Mayor Barbara Lee was in attendance and addressed the hundreds of volunteers. Inspiring music was provided by members of the Oakland Interfaith Gospel Choir under the leadership of Terrance Kelly.

Teens from both churches were on hand to assist with loading food items for various local nonprofits and community groups to distribute to those in need. The teens also assembled 1,000 hygiene kits for the unhoused. Each kit will include a note of encouragement written by the children and youth of each church.
The churches and organizations that received food include:

  • Mt. Zion Missionary Baptist Church
  • ECAP (Emeryville Citizens Assistance Program)
  • Support Life Foundation/Islamic Cultural Center of Northern California (ICCNC)
  • Serenity House
  • CRECE (Central American Refugee Committee)
  • ION (Impact Oakland Now -Word Assembly, Center of Hope and Abyssinian Baptist Church)
  • True Faith Baptist Church (East Oakland)

“These two large shipments of food and milk, along with this interfaith, community event, exemplify the spirit of volunteerism and community service that this country was built on,” says Gregg Ankenman, assistant director of Community Service for the Oakland/San Francisco Communication Council of the LDS Church.

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