The FTC is heading into summer with an active docket. The agency has been keeping its eye on enforcement, issuing warning letters to contact lens prescribers over potential violations of the agency’s Contact Lens and Eyeglass Rules. Over the next few weeks, it plans on hosting a workshop on healthcare advertising and listening sessions on prescription drug pricing and competition. These stories, and more, after the jump.
Tuesday, June 3, 2025
Bureau of Consumer Protection: Advertising and Marketing
- The Federal Trade Commission (FTC) issued warning letters to multiple contact lens prescribers over potential violations of its Contact Lens Rule and Eyeglass Rule, based on consumer complaints. These letters caution that noncompliance may trigger subpoenas and civil penalties. The agency also closed its investigation into Spectrum Vision Partners, LLC, finding no further action warranted after reviewing its conduct under both rules. Under the Contact Lens Rule, prescribers must provide patients with a copy of their prescription after fitting. The Eyeglass Rule similarly requires prescribers to give patients a copy of their prescription after an eye exam. Both rules prohibit charging extra fees, requiring signed waivers to release prescriptions, or conditions prescriptions on purchases. The FTC has previously issued guidance to help prescribers comply. More information on complying with the Contact Lens Rule and the Eyeglass Rule is available on the FTC’s website.
Monday, June 9, 2025
Bureau of Consumer Protection: Health Care
- The FTC announced that it will be hosting a workshop focused on unfair or deceptive trade practices in “gender-affirming care” for minors. According to the press release, the FTC’s Section 5 of the Federal Trade Commission Act could be implicated if there is evidence that medical professionals or others omitted warnings about the risks or made false or unsupported claims about the benefits and effectiveness of gender-affirming care for minors. The workshop will take place on July 9, 2025, in Washington, DC and will be streamed online. An agenda will be released prior to the event. Members of the public or press who wish to attend may email healthcareworkshop@ftc.gov.
Tuesday, June 10, 2025
Bureau of Consumer Protection: Advertising and Marketing Health Claims
- The FTC announced a settlement with substance use disorder treatment clinics, Evoke Wellness, LLC and Evoke Health Care Management, LLC, and their officers (collectively, “Evoke”), resolving allegations that Evoke used allegedly deceptive Google search ads and telemarketing practices to impersonate other treatment providers. According to the complaint, the companies targeted consumers searching for specific substance use disorder clinics online and utilized the names of other clinics as keywords to masquerade as those clinics in Evoke’s advertisements. The allegedly unlawful conduct also extended to Evoke telemarketers posing as centralized admissions office or addiction treatment hotlines, rather than a call center associated with Evoke. The proposed order imposes a $7 million civil penalty, which is partially suspended to $1.9 million because of Evoke’s inability to pay the full amount. The order also imposes injunctive relief by banning Evoke from using rivals’ names in search-engine ads, impersonating other businesses, and requires a compliance program for call centers, among other injunctive relief.
Wednesday, June 11, 2025
Bureau of Competition: Prescription Drugs
- The FTC, Department of Justice (DOJ), Department of Commerce, and the Department of Health and Human Services announced that they will jointly host listening sessions to discuss ways to provide more affordable prescription drugs for Americans. According to the press release, the sessions will focus on improving the affordability of pharmaceuticals by increasing generic and biosimilar availability and promoting competition through drug formularies and benefits. The sessions, which will feature remarks by practitioners and scholars, will cover practices that could be considered anticompetitive as well as eliminating regulatory barriers and rent seeking. The sessions will be hosted on June 30th, July 24th, and August 4th and streamed on the FTC and DOJ websites. Additional information will be posted to the event page prior to each session.