Assembly Bill A4530

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4530

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2015
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  GLICK, JAFFEE, HIKIND, SEAWRIGHT,
  BROOK-KRASNY -- read once and referred to the  Committee  on  Consumer
  Affairs and Protection

AN  ACT  to  amend  the  general business law, in relation to unilateral
  pricing policies or agreements for contact lenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
349-f to read as follows:
  S  349-F.  UNILATERAL  PRICING POLICY OR AGREEMENTS FOR CONTACT LENSES
UNLAWFUL. 1.  IT SHALL BE UNLAWFUL FOR A MANUFACTURER OR DISTRIBUTOR  OF
PRESCRIPTION  CONTACT LENSES TO PREVENT, BY ANY MEANS, INCLUDING THROUGH
A UNILATERAL PRICING POLICY OR AGREEMENT, ANY RETAILER FROM  SELLING  OR
ADVERTISING  SUCH CONTACT LENSES TO CONSUMERS BELOW ANY SPECIFIED PRICE,
OR TO OTHERWISE LIMIT THE ABILITY OF ANY RETAILER TO DETERMINE PRICES AT
WHICH CONTACT LENSES ARE OFFERED  OR  ADVERTISED  TO  CONSUMERS,  OR  TO
RESTRICT  OPTIONS  AVAILABLE TO CONTACT LENS CONSUMERS BY DISCRIMINATING
IN THE DISTRIBUTION OF CONTACT LENSES BASED ON THE CHANNEL OF  TRADE  OR
BASED  ON  WHETHER  THE  RETAILER  IS, OR IS ASSOCIATED WITH A PERSON OR
ENTITY, AUTHORIZED BY LAW TO PRESCRIBE SUCH CONTACT LENSES.
  2. WHENEVER IT SHALL APPEAR THAT THERE HAS BEEN A  VIOLATION  OF  THIS
SECTION,  AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME
OF THE PEOPLE OF THE STATE OF NEW YORK TO  A  COURT  OR  JUSTICE  HAVING
JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
RESTRAIN  THE  CONTINUANCE  OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT
REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE  ALLOWANCES  TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07776-02-5
              

A. 4530                             2

ATTORNEY  GENERAL  AS  PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF
SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND  RULES,
AND  DIRECT  RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE THAT A
VIOLATION  OF  THIS  ARTICLE  HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS  FOR  SUCH  VIOLATION.  IN
CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
RULES.
  S 2. This act shall take effect immediately.