S T A T E O F N E W Y O R K
________________________________________________________________________
5245
2017-2018 Regular Sessions
I N A S S E M B L Y
February 7, 2017
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Introduced by M. of A. DINOWITZ, GLICK, JAFFEE, HIKIND, SEAWRIGHT,
JOYNER, COLTON, ZEBROWSKI, GOTTFRIED, ARROYO, PEOPLES-STOKES, SKOUFIS,
CRESPO -- Multi-Sponsored by -- M. of A. COOK, STECK -- 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:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03778-01-7
A. 5245 2
THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
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.
§ 2. This act shall take effect immediately.