British variable focus eyewear manufacturer Adlens has won what it described as a landmark case in Arizona which will permit the sale of its products in the state without prescription.
The case against Adlens began when the Arizona State Board of Dispensing Opticians questioned whether the adjustable focus eyewear could be sold without a prescription. It argued that it was a violation of the state laws regarding ready-to-wear eyewear and a risk to the user and the public. In response, a team led by Adlens director of industry and regulatory affairs Dr Graeme MacKenzie, presented clinical trial data to demonstrate that its product could be used safely without a prescription.
The board argued that readymade glasses could only be used for near vision correction, unlike Adlens’ product, which corrected both distance and near vision. Adlens commissioned a consumer trial in Phoenix to demonstrate that many hyperopic individuals used conventional over-the-counter reading glasses to correct their distance vision, even while driving, which it said offered a precedent for the sale of over-the-counter eyewear for the correction of both distance and near vision.
The board voted unanimously to abandon the action after taking advice from the assistant attorney general in an executive session.
Dr MacKenzie said the ruling removed any ambiguity surrounding adjustable focus eyewear and made a clear statement that selling it without a prescription was not only safe, but in the best interest of the public. Adlens also told Optician that it was discussing with the GOC amendments to the portion of the Opticians Act 1989 that prohibits the sale of adjustable focus eyewear.