EU Court Rules Cosmestic Contact Lenses Not Cosmetic

"On 3 September 2015, the Court of Justice of the European Union (CJEU) delivered its ruling in case C-321/14 Colena AG v Karnevalservice Bastian GmbH following a reference from the Landgericht Krefeld (Regional Court Krefeld, Germany) as whether non-corrective colour contact lenses fell within the scope of Regulation (EC) No 1223/2009 (the "Cosmetic Regulation")," reports Lexology. "The effect of the ruling is that the Cosmetic Regulation must be interpreted such that contact lenses marketed purely to alter the user's appearance (rather than to correct vision) will not be within its scope even if the outer packaging declares that the product is a cosmetic, subject to the EU Cosmetics Directive." Read more.

A Rose by Any Other Name, Says EU Court to Cosmetic Contact Lens Manufacturers

"On 3 September 2015, the Court of Justice of the European Union (the 'Court') delivered its ruling in Case C-321/14 (the 'ruling') confirming that Regulation (EC) No 1223/2009 on cosmetic products (the 'Cosmetics Regulation') must be interpreted as meaning that non-corrective colour contact lenses featuring designs do not fall within the scope of that regulation, notwithstanding the fact that their outer packaging bears the statement ‘cosmetic eye accessory, subject to the EU Cosmetics Directive’," reports Lexology. "The ruling observes that merely labeling a product as a ‘cosmetic’ will not automatically mean that the product falls within scope of the Cosmetics Regulation.  Rather, the product must satisfy the legal definition of a cosmetic as set out in the Cosmetics Regulation." Read more.

Health Canada Classifies Cosmetic Contact Lenses as Medical Devices

"Health Canada says it will regulate cosmetic or decorative contact lenses in the way it oversees the sale of corrective lenses," reports the Toronto Sun. "In a statement, Health Minister Rona Ambrose says the risks cosmetic lenses pose to the eyes of people who wear them are the same as those associated with corrective lens wear. Cosmetic lenses change the appearance of the eye but do not correct the vision of people who wear them; they are worn strictly for the appearance they create. Currently these lenses are licensed as consumer products and are generally sold by retailers who sell costumes and cosmetics. But under the regulatory changes Ambrose is announcing, these lenses will be treated as medical devices -- a move which brings them under greater control." Read more.

Hawaii Warns of Risks from Cosmetic CLs

"As the Halloween season approaches, the Hawaii Department of Commerce and Consumer Affairs (DCCA) wants consumers to be aware of the risks associated with wearing cosmetic, non-corrective contact lenses that are purchased without a valid prescription," reports Kohn2.com. "State officials says using the wrong contacts can cause injury, infection and even possible blindness if the quality is questionable or they are fitted or worn incorrectly. In 2008, the state passed a law prohibiting sales of non-prescription contact lenses in Hawaii. However, these lenses are still being marketed illegally as fashion or Halloween accessories at beauty salons, swap meets, convenience stores; through on-line businesses; and even by individuals advertising on the Internet." Read more.

Report Adverse Effects of Decorative CLs to FDA

With a growing number of websites and small retailers continuing to illegally offer decorative, non-corrective contact lenses for sale without prescription, optometrists should be diligent in reporting all adverse events associated with such lenses to the U.S. Food & Drug Administration’s (FDA) MedWatch Safety Information and Adverse Event Reporting Program, according to the AOA Advocacy Group. Information may be reported to the FDA’s MedWatch program by phone at 800-FDA-1088, by fax at 800-FDA-0178, online at www.fda.gov/medwatch, or by mail to 5600 Fishers Lane, Rockville, MD 20852-9787. Read more.

FDA Tweats Warning about Cosmetic CLs to Twilight Fans

"The FDA issued a message via Twitter to fans of the young adult Twilight series attending the official convention in San Antonio in August, cautioning them against non-regulated custom contact lenses that let them imitate their 'fave vampire,'"according to Mass Device. "'Want 2 look like your fave vampire?' the federal watchdog agency tweeted. 'C an eye doctor before buying costume/fashion lenses.' The tweet included a link to an FDA one-pager on the dangers of decorative contact lenses, which can cause allergic reactions, cuts or scratches on the cornea, eye infections, decreased vision or even blindness." Read more.

No Ordinary Special Effect Contact Lenses

"A special effects artist who works on Hollywood blockbusters has created a spectacular new range of contact lenses," reports Orange.co.uk. "Film fan Kevin Carter, 39, spends up to two days carefully hand-painting dye onto each lens with a fine brush. He charges up to £380 [about $590] for each pair of lenses, which can make wearers look possessed by demons or like a visitor from another planet." Read more.

Corpus Christi CL Trial Begins

Testimony began today in a lawsuit filed by a Corpus Christi family that claims their daughter has gone partially blind from using colored contact lenses," according to MSNBC. "The family claims back in May 2008, their teenage daughter bought the contact lenses from a Beauty Max Store on Ayers Street. After wearing the contact lenses for three weeks, she began to feel discomfort. In November 2010, she lost sight in her right eye. " Read more.

Homeland Security Raids Flea Market, Confiscating CLs

"Vendors at the Patapsco [Maryland] Flea Market have a history of allegedly selling counterfeit and pirated merchandise, according to an affidavit, which outlined the latest accusation that resulted in a raid Sunday by federal Homeland Security Investigations special agents," reports the Baltimore Sun. "In one instance in which undercover agents bought goods from vendors there, 34 of 38 items were found to be counterfeit. During the same outings on March 31 and April 1, agents bought a set of novelty contact lenses found to be dangerous. The lenses could fuse to the eye causing permanent vision loss, according to the affidavit." Read more.

Store Busted for Selling Cosmetic CLs

"Want to change the color of your eyes with cosmetic contact lenses? You’d better make an appointment with an eye professional," reports the Napa Valley Register. "The state Board of Optometry recently busted the Doc of Rock shop, 1811 Old Sonoma Road, for selling decorative contact lenses without a license."Read more.

China Takes a Tougher Stance on Colored CLs

"CHINA'S drug watchdog is drawing up plans to restrict the production and import of colored contact lenses because the unregulated products may impair users' eyes," notes the Shanghai Daily. "The plan resulted in millions of online comments yesterday, with most people concerned about the safety of the products, which do not undergo the drug authority's supervision." Read more.

FDA Site Warns about Use of Decorative Contact Lenses

In case you have customers who doubt you about the dangers of cosmetic contact lenses dispensed by an unlicensed provider, you could refer them to the site set up by the Food and Drug Administration (FDA), called Decorative Contact Lenses (<http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/HomeHealthandConsumer/ConsumerProducts/ContactLenses/ucm270953.htm>).

Texas Convenience Store Selling CLs

"[Six] News uncovered a local convenience store selling contacts without a prescription, right along cigarettes and soda, which the Federal Trade Commission says is a violation," according to one of its posts. Read more; see video.

First Snooki, No Deena!

"No doubt there were plenty of green eyed monsters in the room when Jersey Shore star Deena Nicole Cortese showed off her latest look,"goes the  Mail post. "The reality TV personality grinned as she displayed her emerald contact lenses for the cameras at an event last night." Read more.

Brits Chase Illegal Sales of CLs

"Efforts to halt the illegal sale of plano contact lenses are growing after trading standards officers in Yorkshire started to visit retailers believed to be selling them," according to a Optometry.co.uk. "The move followed last month’s revelation at the GOC that there have been 122 cases of illegal contact lens sales referred to the regulator, of which 45 are closed and 77 are under examination." Read more.

Fed Shutters Website Selling Cosmetic Lenses

"The Federal Trade Commission is shutting down a Gwinnett County [Georgia] website that sold cosmetic contact lenses without prescriptions. The practice violates a regulation in effect since 2004," says WSBTV News. "According to court documents, the operation conducted business out of an apartment complex in Duluth. Gothic Lens is no longer operating and its owner, Da Young Kim, is in the process of settling a civil action against her."