AUSTIN – Texas’ Attorney General has reached a settlement with a New Jersey distributor of contact lenses, which was alleged to have violated state law.

Fine and Clear, an online wholesaler of contact lenses, was discovered to be selling products to customers without a valid prescription, which is in violation of the Deceptive Trade Practices Act and the Texas Optometry Act. 

Texas Attorney General Ken Paxton
Texas Attorney General Ken Paxton

The company has agreed to stop selling the product and even offer customers a full refund if they return the unopened boxes of lenses by mid-September.

As part of the Assurance of Voluntary Compliance, Fine and Clear will need to “verify by direct communication a contact lens prescription to be filled.” 

This also means the company has agreed to supply information on the patients, such as name and address as well as details on the lenses ordered to the optometrist or physician who issued the prescription.

The agreement prevents any protracted litigation and resolves all the claims related to the matter.

Fine and Clear's parent company, THEG Inc., will pay $31,000 to the state in civil penalties and a further $5,000 to cover attorney’s fees and investigation costs, for a total of $36,000.

“I appreciate THEG Inc.’s agreement to cease selling contact lenses without proper prescriptions. My office will always protect the health and safety of all Texans,” Paxton was quoted as saying in a press release

“This settlement will serve to help protect Texans who may be unaware that the improper use of contact lenses can cause potentially serious vision problems.”

Customers who would like a full refund have been advised to send back their unopened boxes of lenses within 90 days of the agreement, dated June 20. As per the agreement, customers will be offered a full refund and the contact lenses will then be destroyed.

The investigation was done by the Consumer Protection Division, which invites consumers to file complaints by visiting: www.texasattorneygeneral.gov.  

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