Jury finds CIBA Vision ads, promotions intentionally false

New York-A federal jury here determined on Feb. 22 that CIBA Vision willfully engaged in false advertising and promotion to eye-care professionals of its O₂Optix contact lenses. The company was ordered to pay $150,073 in damages to plaintiff Johnson & Johnson Vision Care Inc. (J&J).

J&J had sought approximately $7.2 million in damages plus attorneys' fees in relation to a December 2004 court ruling that found CIBA Vision deliberately misrepresented consumer opinion on J&J's Acuvue contact lenses. The court also ruled then that CIBA Vision had falsely claimed 90 Dk/t was the critical minimum level for the avoidance of severe hypoxic stress in daily use of contact lenses, according to a press release from J&J.

Commenting on the determination, a spokesperson for Vistakon, a J&J company, said, "We are pleased with the outcome. The jury found that CIBA Vision willfully engaged in false advertising and promotion about its O₂Optix contact lenses to eye-care professionals. This demonstrates the need for clearer standards regarding clinical testing, information disclosure, and substantiation of product performance claims."

In the wake of the decision, CIBA Vision released a statement recapping its corporate stand on marketing:

"CIBA Vision prides itself on acting ethically and responsibly in all matters. Our promotional and advertising materials are routinely and thoroughly reviewed by a cross-functional team from a medical, legal, and regulatory perspective. CIBA Vision will continue to remain focused on the marketplace, providing innovations in vision care to our customers and consumers."