Pharmacies are continuing to sell plano cosmetic contact lenses without prescription and the company supplying them maintains that the sales are within the law.
Essex-based pharmaceutical and medical supplies company Protea Products says it is currently selling its Eye2Eye Contactz lens and solution range through 600 independent pharmacies in the UK as well as via some optical outlets.
Protea previously supplied 235 branches of Superdrug, following a successful trial in 20 stores (News, March 24), but the products were phased out from May following contact between Superdrug and the GOC.
The disposable lenses, made in Korea, are described on the company's website as 'The number one brand in cosmetic colour contactz'. The range also includes a multipurpose disinfection solution, lubricating drops, eye brightener and a device for removing the lenses.
Shen Sidana, managing director of Protea, told Optician that it began selling the lenses a year ago, soon after changes were introduced to the Opticians Act to regulate plano lenses in the same way as powered lenses. He described the lenses as 'cosmetic eye accessories' which were not intended to correct any defect of sight.
'Our company policy is that we're not actually supplying a plano contact lens. We see the definition of a contact lens as being a piece of glass or plastic put over the eye and designed to correct any refractive error,' said Sidana.
He argued that unlike other cosmetic lens brands, the Eye2Eye lenses were only available in zero power and were therefore classified differently and governed by European cosmetic product regulations. 'Other plano coloured lenses are CE marked ours are not,' he added.
Sidana said that his was one of two companies 'taking a stance' on this issue. He pointed out that various measures were in place to ensure safety. Starter kits included solutions, care instructions and a helpline were provided, and feedback from consumers was monitored. There were also two ophthalmologists 'within the supply chain'.
The company's terms and conditions required that the pharmacist supervise the sale, said Sidana, and sales were restricted to those aged over 16.
The GOC told Optician that there was some confusion about what exactly the new legislation said. The Council's Sale of Optical Appliances Working Group, set up in December last year, was looking at this and other issues, relating to supervision of sales (News, March 24). No action was being taken until the working group received further opinion from Queen's Counsel.
The GOC has called a meeting of the optical bodies for October 30 to consider QC opinion and discuss what guidance the College of Optometrists and ABDO might give to their members. 'Our intention is to clarify our position as to the proper interpretation of the law,' the Council said.