Bill Text: NY A04530 | 2015-2016 | General Assembly | Introduced
Bill Title: Prohibits contact lenses manufacturers from setting unilateral pricing policies or agreements for contact lenses; states that court may issue an injunction following application by the attorney general.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2016-03-07 - reported referred to codes [A04530 Detail]
Download: New_York-2015-A04530-Introduced.html
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: 1 Section 1. The general business law is amended by adding a new section 2 349-f to read as follows: 3 S 349-F. UNILATERAL PRICING POLICY OR AGREEMENTS FOR CONTACT LENSES 4 UNLAWFUL. 1. IT SHALL BE UNLAWFUL FOR A MANUFACTURER OR DISTRIBUTOR OF 5 PRESCRIPTION CONTACT LENSES TO PREVENT, BY ANY MEANS, INCLUDING THROUGH 6 A UNILATERAL PRICING POLICY OR AGREEMENT, ANY RETAILER FROM SELLING OR 7 ADVERTISING SUCH CONTACT LENSES TO CONSUMERS BELOW ANY SPECIFIED PRICE, 8 OR TO OTHERWISE LIMIT THE ABILITY OF ANY RETAILER TO DETERMINE PRICES AT 9 WHICH CONTACT LENSES ARE OFFERED OR ADVERTISED TO CONSUMERS, OR TO 10 RESTRICT OPTIONS AVAILABLE TO CONTACT LENS CONSUMERS BY DISCRIMINATING 11 IN THE DISTRIBUTION OF CONTACT LENSES BASED ON THE CHANNEL OF TRADE OR 12 BASED ON WHETHER THE RETAILER IS, OR IS ASSOCIATED WITH A PERSON OR 13 ENTITY, AUTHORIZED BY LAW TO PRESCRIBE SUCH CONTACT LENSES. 14 2. WHENEVER IT SHALL APPEAR THAT THERE HAS BEEN A VIOLATION OF THIS 15 SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME 16 OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING 17 JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON 18 NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND 19 RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO 20 THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN 21 FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT 22 OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT 23 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED 24 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 1 ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF 2 SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, 3 AND DIRECT RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A 4 VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL 5 PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR SUCH VIOLATION. IN 6 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS 7 AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS 8 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND 9 RULES. 10 S 2. This act shall take effect immediately.