Features

Pearle Vision challenges ban on one-stop service

The Associated Press
Saturday July 27, 2002

SAN DIEGO — Pearle Vision, one of the nation’s largest eyeglass retailers, has filed a lawsuit challenging a California law that bars out-of-state companies from selling eyewear and providing eye exams at the same location. 

The lawsuit was filed Thursday in San Diego Superior Court in response to a lawsuit filed against the Ohio-based company in February by California authorities. 

Pearle Vision and its affiliate, Pearle Visioncare Inc., claim the California ban is unconstitutional and stifles competition. 

In California, retail eyeglass sellers may not control optometrical services. Attorney General Bill Lockyer has said the law is aimed at ensuring customers receive quality eye care without being pressured to buy eyewear. 

In February, Lockyer accused Pearle Vision of offering low-cost eye exams to lure customers into its stores to boost eyeglass sales. The company also was accused of practicing optometry without a license, deceptive marketing and unfair business practices. 

Under a preliminary injunction issued on July 11, Pearle Vision has modified its advertising to clarify that optometrists conducting eye exams are employed by Pearle Visioncare. 

The issue of whether eye exams and eyeglasses can be offered at the same location by an out-of-state company remains in question. 

Pearle Vision’s lawsuit claims the California ban is “irrational” and favors in-state optometrists. The law also results in greater costs and inconvenience for consumers, it says. 

Pearle Vision, based in Twinsburg, Ohio, operates 24 retail stores in California and has more than 850 stores nationwide.