This is an archived article that was published on sltrib.com in 2015, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
A federal judge has declined to stop implementation of a Utah law that bans contact-lens manufacturers from setting a minimum price for their products sold in this state, a process he likened to price fixing.
U.S. District Judge Dee Benson turned back a request from three leading lens manufacturers to stay the new law that goes into effect Tuesday. They argued that the Utah statute was an unconstitutional restraint on economic activity across state lines.
But in a decision issued Monday, Benson said the new section of Utah law was passed through open democratic processes that courts are reluctant to interfere in.
The law had been challenged in a lawsuit by Alcon Laboratories, Johnson & Johnson Vision Care and Bausch & Lomb, who said the law violated the Commerce Clause of the U.S. Constitution because it would affect the prices people in other states pay when buying from an online entity like Utah-based 1-800 Contacts.
Through his lawyer, 1-800 Contacts CEO Brian Bethers said: "We look forward to the lower prices for our customers that will follow from this ruling."
Carol Goodrich, spokeswoman for Johnson & Johnson, said the pricing policy had meant lower prices for most wearers of its contacts.
"We believe our policy allows consumers to make purchasing decisions based on quality, clinical need and cost, and we are reviewing the ruling and evaluating our options," she said in a statement.
The lawsuit remains active in federal court despite the ruling.