
09-21-2010, 10:19 AM
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Contact Lenses Forum - Bachelors Degree
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Join Date: Dec 2007
Posts: 528
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Quote:
Originally Posted by Dragonslayer
Hi Lurker2020. Thanks for the links. The second one led to an error page, but look what I found at the first link:
Vistakon(R), a division of Johnson & Johnson Vision Care Inc., together with plaintiffs' counsel, jointly announced today that they have reached a settlement of a class action lawsuit concerning the marketing of Acuvue(R) and 1-Day Acuvue(R) soft contact lenses.
The settlement, which has been preliminarily approved by the Superior Court of
New Jersey, Law Division, Camden County, grants cash, product credits, and
refunds towards eye examinations to members of the class based upon the number of boxes of Acuvue(R) contact lenses purchased by class members during the Class Period. The settlement is subject to a fairness hearing and final
approval by the Court.
Check out this part:
The Court has not ruled on either the merits of plaintiffs' claims or the defenses, and the settlement in no way implies or acknowledges any wrongdoing by Johnson & Johnson or Vistakon. "This was a complex case with difficult
issues," said plaintiffs' counsel Peter L. Masnik. "We are pleased that the
parties were able to negotiate a significant resolution that provides valuable
benefits to the class members and promotes eye health by payment towards eye
examinations."
I'm no lawyer, but it seems to me that neither Jonson & Jonson nor Vistakon were found guilty of any wrong doing. The court was not presented with sufficient evidence to prove that the accusations against these companies--which included that "Vistakon's marketing of Acuvue(R) and 1-Day Acuvue(R) lenses created the misleading impression among consumers that the less expensive 1-Day Acuvue(R) lens was different from the Acuvue(R) lens and should not be used for the same wear schedule as the Acuvue(R) lens, when in fact both lenses are medically suitable for the same wear schedules"--was true.
Just because someone was sued, doesn't mean they were guilty.
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That's a good point, Dragonslayer. If you hear a rumor that Vistakon was taken to court, don't just assume that they were found guilty.
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