S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5245
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  GLICK, JAFFEE, HIKIND, SEAWRIGHT,
   JOYNER, COLTON, ZEBROWSKI, GOTTFRIED, ARROYO, PEOPLES-STOKES, SKOUFIS,
   CRESPO -- Multi-Sponsored by -- M. of A. COOK, STECK -- 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:
 
   Section 1. The general business law is amended by adding a new section
 349-f to read as follows:
   §  349-F.  UNILATERAL  PRICING POLICY OR AGREEMENTS FOR CONTACT LENSES
 UNLAWFUL. 1.  IT SHALL BE UNLAWFUL FOR A MANUFACTURER OR DISTRIBUTOR  OF
 PRESCRIPTION  CONTACT LENSES TO PREVENT, BY ANY MEANS, INCLUDING THROUGH
 A UNILATERAL PRICING POLICY OR AGREEMENT, ANY RETAILER FROM  SELLING  OR
 ADVERTISING  SUCH CONTACT LENSES TO CONSUMERS BELOW ANY SPECIFIED PRICE,
 OR TO OTHERWISE LIMIT THE ABILITY OF ANY RETAILER TO DETERMINE PRICES AT
 WHICH CONTACT LENSES ARE OFFERED  OR  ADVERTISED  TO  CONSUMERS,  OR  TO
 RESTRICT  OPTIONS  AVAILABLE TO CONTACT LENS CONSUMERS BY DISCRIMINATING
 IN THE DISTRIBUTION OF CONTACT LENSES BASED ON THE CHANNEL OF  TRADE  OR
 BASED  ON  WHETHER  THE  RETAILER  IS, OR IS ASSOCIATED WITH A PERSON OR
 ENTITY, AUTHORIZED BY LAW TO PRESCRIBE SUCH CONTACT LENSES.
   2. WHENEVER IT SHALL APPEAR THAT THERE HAS BEEN A  VIOLATION  OF  THIS
 SECTION,  AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME
 OF THE PEOPLE OF THE STATE OF NEW YORK TO  A  COURT  OR  JUSTICE  HAVING
 JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
 NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
 RESTRAIN  THE  CONTINUANCE  OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO
 THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
 FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
 OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT
 REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03778-01-7

 A. 5245                             2
 
 THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE  ALLOWANCES  TO  THE
 ATTORNEY  GENERAL  AS  PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF
 SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND  RULES,
 AND  DIRECT  RESTITUTION.  WHENEVER  THE  COURT  SHALL  DETERMINE THAT A
 VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
 PENALTY  OF  NOT  MORE  THAN ONE THOUSAND DOLLARS FOR SUCH VIOLATION. IN
 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
 AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   § 2. This act shall take effect immediately.