Health

Contested Utah Law Could Impact Contact Lens Industry

Published

11 years ago

May 14, 2015

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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Rep. Kamlager-Dove Introduces Bill to Protect Women in Custody After Reports Detailing Miscarriages and Neglect

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

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By Bo Tefu, California Black Media

Congresswoman Sydney Kamlager-Dove (D-CA-37) on May 7, reintroduced updated legislation aimed at strengthening protections and healthcare standards for pregnant and postpartum women held in federal custody, including in immigration detention facilities.

The Pregnant Women in Custody Act would expand safeguards beyond the federal prison system to include women detained by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection and the Office of Refugee Resettlement. The proposal follows reports of pregnant women being shackled, denied medical care and suffering miscarriages while in immigration detention.

The legislation builds on a bipartisan version previously passed by the House during the 117th Congress. The updated bill includes new standards for healthcare access, mental health and substance use treatment, high-risk pregnancy care, family unity protections and increased federal oversight.

“Proper pregnancy care is a human right, regardless of your immigration or incarceration status,” Kamlager-Dove said in a statement. “It’s unacceptable that there are virtually no legal safeguards for pregnant women in federal custody.”

The bill would also limit the use of restraints and restrictive housing for pregnant women, improve data collection on maternal health in custody and require additional staff training and enforcement measures.

Supporters of the measure said the legislation is intended to address long-standing concerns about maternal healthcare and safety in detention settings, particularly for Black women and low-income women who are disproportionately impacted by incarceration and health disparities.

“Pregnant women in custody should never be subjected to dangerous and inhumane treatment that threatens their health, dignity, or the well-being of their babies,” said Patrice Willoughby, chief of policy and legislative affairs for the NAACP and a longtime public policy and government affairs strategist, in a statement.

A 2021 report estimated there are about 58,000 admissions of pregnant women into U.S. jails and prisons each year. Kamlager’s statement also cited a recent investigation by NBC News and Bloomberg Law that identified allegations of severe mistreatment or medical neglect involving at least 54 pregnant women or families in county jails between 2017 and 2024.

Federal policy under the Department of Homeland Security restricts the detention of pregnant, postpartum and nursing immigrants except in extreme cases. However, the agency reported that ICE deported 363 pregnant, postpartum or nursing women between January 2025 and February 2026, including 16 recorded miscarriages during that period.

The bill is cosponsored by several House Democrats and backed by organizations including the NAACP and the Vera Institute of Justice.

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How Is AI Affecting California? The State Wants You to Share Your Story

The program marks the first time the state has opened the platform to all Californians. State officials said the effort is designed to give residents a direct role in discussions about how AI should be regulated and used as the technology rapidly expands across industries.

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By Bo Tefu, California Black Media

Gov. Gavin Newsom announced May 7 that California is expanding its Engaged California digital democracy initiative statewide, inviting residents to help shape future state policies on artificial intelligence (AI) and its impact on jobs and the economy.

“We’ve got to be clear-eyed about this moment: AI is moving fast, bringing enormous opportunity, but also real risks,” Newsom said in a statement. “Californians deserve a seat at the table as we shape what’s to come.”

The initiative will roll out in two phases. Beginning immediately, Californians can sign up online to share how AI is affecting their work and communities and provide ideas for possible government action. Later this summer, a smaller group reflecting the state’s workforce demographics will participate in live discussions focused on developing policy recommendations.

State officials said the goal is to identify areas of agreement among Californians and provide policymakers with public feedback as the state develops future AI regulations and workforce strategies.

Engaged California is modeled after digital democracy programs used in Taiwan and is intended to encourage structured public discussion rather than social media-style debate. Officials described the effort as a form of “deliberative democracy” aimed at helping residents engage directly in state decision-making.

“The more Californians are engaged in the democratic process, the better able we’ll be to confront the challenges we face together,” said Nick Maduros, California Secretary of Government Operations, in a statement.

The statewide launch builds on two earlier pilot programs. One pilot gathered public input following the Los Angeles firestorms to help guide recovery efforts, while another collected ideas from state employees about improving government operations.

California has positioned itself as a national leader in AI policy and development. Since 2023, the Newsom administration has introduced initiatives focused on responsible AI use in government, cybersecurity protections, workforce training and regulations targeting risks such as deepfakes and AI-generated robocalls.

The state has also partnered with companies in Silicon Valley — including NVIDIA, Google, Adobe, IBM and Microsoft — to expand AI education and workforce training programs across California schools and universities.

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California Launches Free Diaper Program for Newborns Statewide

The initiative, called Golden State Start, will provide 400 free diapers to every newborn delivered at participating California hospitals beginning this summer. The state is partnering with Baby2Baby, a California-based nonprofit that distributes essential items to children in need nationwide.

Published

3 weeks ago

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By Bo Tefu, California Black Media

Gov. Gavin Newsom announced Friday that California will launch a first-in-the-nation program providing free diapers to families with newborns, part of a broader effort to lower costs for parents and improve infant health outcomes.

The initiative, called Golden State Start, will provide 400 free diapers to every newborn delivered at participating California hospitals beginning this summer. The state is partnering with Baby2Baby, a California-based nonprofit that distributes essential items to children in need nationwide.

State officials said hospitals participating in the program will give families the diapers when they are discharged after birth, helping parents leave with an immediate supply of newborn essentials.

“Every baby born in California deserves a healthy start in life,” Newsom said in a statement. He said the program is part of California’s broader affordability efforts, which also include free school meals, universal preschool for four-year-olds and expanded after-school programs.

The announcement comes ahead of Mother’s Day and is tied to the administration’s broader CalRx initiative, which aims to reduce costs for essential products and medications. State officials said California is also exploring ways to lower diaper prices by challenging high costs from major brands.

The first year of the program will prioritize hospitals serving large numbers of Medi-Cal patients, with plans to expand to additional hospitals and birthing centers over time. Officials said the effort is intended to reduce financial pressure on low-income families and improve infant and maternal health by ensuring parents have access to clean diapers.

“California families deserve to feel supported during one of life’s more exciting, yet vulnerable transitions,” First Partner Jennifer Siebel Newsom said in a statement. She said the program would allow parents to focus on caring for their newborns instead of worrying about basic supplies.

According to Baby2Baby, one in two families in the United States struggles to afford diapers. The organization has distributed more than half a billion items to children over the past 15 years through partnerships with shelters, hospitals, foster care programs and schools.

State officials said Baby2Baby will oversee diaper purchasing, warehousing and distribution through its existing hospital and community partnerships across California.