A formal complaint about a number of pharmacies selling plano cosmetic contact lenses allegedly without supervision is being investigated by the GOC.
Optician understands that the complaint was filed by Visage Innovations which is claiming it has withdrawn its own line of plano lenses - Bestco coloured lenses - following the publication of revised guidance on the sale of plano lenses and on the advice of the GOC.
As reported in Optician (News, Feb 23), following changes to professional guidance on CL fitting and supply issued by the College of Optometrists and ABDO, plano CLs can only be sold by or under the supervision of a registered practitioner who must be on the premises when the lenses are supplied.
Narinder Dhingra, sales director of Visage Innovations, told Optician: 'During May 2007 we received a letter from GOC solicitors quoting section 27 of the Opticians Act and the guidance on the sale of plano lenses. On receiving guidance from our solicitors, and their QC, we were advised that the manner in which plano lenses were being sold fell way short of the guidance set by the GOC, and if our customers did not have a medical practitioner or optometrist on the premises then the pharmacist could be prosecuted.
'As we were dealing with chemists and did not want to mislead them in any way, we therefore withdrew our lenses from the market at the end of September 07.' He added: 'We were then totally surprised to find out that our competition, Protea Products, was continuing to sell its plano lenses.'
Pharmaceutical and medical supplies company Protea Products insisted that decorative lenses were cosmetic eye accessories and therefore there was no infringement of the rules for plano lenses.
In a statement to Optician, Shen Sidana, managing director of Protea, said: 'Eye2Eye Contactz colour eye accessories are classified by the Medicines and Healthcare Products Regulatory Agency as being cosmetics and are governed, therefore, by the EU Cosmetics Directive, a point also confirmed by the Irish Medicines Board, another EU regulatory agency. As a cosmetic product, Eye2Eye Contactz can be freely sold under article 7 of the directive. However, in the interests of protecting the ocular health of the public, which is an issue we consider to be of prime importance, all of our approved stockists only sell the Eye Accessory range in line with the company's strict clinical protocols.'
He added: 'The sale and supply of Eye2Eye Contactz Colour eye accessories has always been made, and will continue to be made, in accordance with the professional clinical judgement of our qualified ophthalmologist and registered medical practitioner.
'The company's own strict protocols ensure that all suitable wearers receive guidance, instructions and information as to the safe wearing, removal, care, storage, cleaning, wearing schedules, the need for regular periodic review, the importance of seeking professional advice immediately should any wearing discomfort, redness, visual disturbance, or irritation be experienced, and details of aftercare provision.'
Sidana said the company was willing to provide the GOC with any information or further clarification if necessary.
The GOC said it did not comment on individual cases but added it would investigate any outlets flouting the guidance: 'Cosmetic or plano lenses must be sold under the supervision of a registered optician or doctor. Most pharmacies will not be in a position to comply with these requirements. If we are made aware of a contact lenses being sold outside the requirements of the Opticians Act, we will take action.'