[Federal Register Volume 68, Number 63 (Wednesday, April 2, 2003)]
[Notices]
[Pages 16054-16055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7931]


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FEDERAL TRADE COMMISSION

[File No. 022 3053]


The Laser Vision Institute, LLC; Analysis To Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

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SUMMARY: The consent agreement in this matter settles alleged 
violations of Federal law prohibiting unfair or deceptive acts or 
practices or unfair methods of competition. The attached Analysis to 
Aid Public Comment describes both the allegations in the draft 
complaint that accompanies the consent agreement and the terms of the 
consent order--embodied in the consent agreement--that would settle 
these allegations.

DATES: Comments must be received on or before April 25, 2003.

ADDRESSES: Comments filed in paper form should be directed to: FTC/
Office of the Secretary, Room 159-H, 600 Pennsylvania Avenue, NW., 
Washington, DC 20580. Comments filed in electronic form should be 
directed to: [email protected], as prescribed below.

FOR FURTHER INFORMATION CONTACT: Matthew Daynard, FTC, Bureau of 
Consumer Protection, 600 Pennsylvania Avenue, NW., Washington, DC 
20580, (202) 326-2805.

SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal 
Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and Sec.  2.34 of 
the Commission's rules of practice, 16 CFR 2.34, notice is hereby given 
that the above-captioned consent agreement containing a consent order 
to cease and desist, having been filed with and accepted, subject to 
final approval, by the Commission, has been placed on the public record 
for a period of 30 days. The following Analysis to Aid Public Comment 
describes the terms of the consent agreement, and the allegations in 
the complaint. An electronic copy of the full text of the consent 
agreement package can be obtained from the FTC home page (for March 26, 
2003), on the World Wide Web, at http://www.ftc.gov/os/2003/03/index.htm. A paper copy can be obtained from the FTC Public Reference 
Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580, 
either in person or by calling (202) 326-2222.
    Public comments are invited, and may be filed with the Commission 
in either paper or electronic form. Comments filed in paper form should 
be directed to: FTC/Office of the Secretary, Room 159-H, 600 
Pennsylvania Avenue, NW., Washington, DC 20580. If a comment contains 
nonpublic information, it must be filed in paper form, and the first 
page of the document must be clearly labeled ``confidential.'' Comments 
that do not contain any nonpublic information may instead be filed in 
electronic form (in ASCII format, WordPerfect, or Microsoft Word) as 
part of or as an attachment to email messages directed to the following 
email box: [email protected]. Such comments will be considered 
by the Commission and will be available for inspection and copying at 
its principal office in accordance with Sec.  4.9(b)(6)(ii) of the 
Commission's rules of practice, 16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To Aid Public Comment

    The Federal Trade Commission has accepted, subject to final 
approval, an agreement containing a consent order from The Laser Vision 
Institute, LLC and its principals, Marco Musa, Max Musa, and 
Marc'Andrea Musa (collectively, ``LVI'').
    The proposed consent order has been placed on the public record for 
30 days for receipt of comments by interested persons. Comments 
received during this period will become part of the public record. 
After 30 days, the Commission will again review the agreement and the 
comments received, and will decide whether it should withdraw from the 
agreement or make final the agreement's proposed order.
    This matter involves alleged misleading representations about LASIK 
(laser assisted in situ keratomileusis) refractive surgery services 
designed to improve the focusing power of the eye by permanently 
changing the shape of the cornea (the clear covering of the front of 
the eye), thereby reducing patients' dependence on eyeglasses and 
contact lenses.
    The complaint alleges that LVI failed to substantiate claims that 
its LASIK surgery services: (1) Eliminate the need for glasses and 
contacts for life; (2) eliminate the need for reading glasses; and (3) 
eliminate the need for bifocals. Among other reasons, the complaint 
alleges that LASIK surgery does not eliminate most peoples' need for 
reading glasses.
    According to the FTC complaint, LVI falsely claimed that consumers 
will receive a free consultation that determines their candidacy for 
LASIK. In fact, the complaint alleges that consumers receive a free, 
initial meeting with an LVI representative during which consumers 
receive a quoted price for the procedure based on their prescription 
and other desired services, and are required to pay a $300 deposit 
before the risks and limitations of LASIK are disclosed to them and 
their candidacy is determined by a health care professional at a future 
time. The $300 deposit is non-refundable if, after the consultation, 
consumers elect not to undergo the procedure. Consumers are refunded 
$200 of the deposit if they are later rejected as medical candidates.
    The proposed consent order contains provisions designed to prevent 
LVI from engaging in similar acts and practices in the future.

[[Page 16055]]

    Part I of the order prohibits claims that LASIK surgery services or 
any other refractive surgery services: (1) Eliminate the need for 
glasses and contacts for life; (2) eliminate the need for reading 
glasses; or (3) eliminate the need for bifocals, unless the claims are 
substantiated by competent and reliable scientific evidence. 
``Refractive surgery services'' are defined as any surgical procedure 
designed to improve the focusing power of the eye by permanently 
changing the shape of the cornea.
    Part II of the order requires that future claims about the 
benefits, performance, efficacy, or safety of any refractive surgery 
service be substantiated by competent and reliable scientific evidence.
    Part III of the order prohibits LVI from misrepresenting: (1) That 
consumers will receive a free consultation that determines their 
candidacy for LASIK or any other refractive surgery services; (2) the 
cost to consumers to have their candidacy for refractive surgery 
services determined; or (3) the information consumers will receive 
during a consultation for refractive surgery services.
    Part IV of the order permits device claims approved by the FDA 
under any new medical device application.
    Parts V and VI of the order require LVI to keep copies of relevant 
advertisements and materials substantiating claims made in the 
advertisements, and provide copies of the order to certain of its 
personnel.
    Part VII of the order requires the corporate respondent to notify 
the Commission of changes in corporate structure.
    Part VIII of the order requires the individual respondents to 
notify the Commission of their employment status in the eye care 
industry.
    Part IX of the order requires LVI to file compliance reports with 
the Commission, and Part X provides that the order will terminate after 
20 years under certain circumstances.
    The purpose of this analysis is to facilitate public comment on the 
proposed order, and it is not intended to constitute an official 
interpretation of the agreement and proposed order or to modify in any 
way their terms.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 03-7931 Filed 4-1-03; 8:45 am]
BILLING CODE 6750-01-P