A contact lens manufacturer or a contact lens distributor may not:

(1) take any action, by agreement, unilaterally, or otherwise, that has the effect of fixing or otherwise controlling the price that a contact lens retailer charges or advertises for contact lenses; or

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Terms Used In Utah Code 58-16a-905.1

  • Contact lens: means any lens that:
         (2)(a) has a spherical, cylindrical, or prismatic power or curvature;
         (2)(b) is made pursuant to a current prescription; and
         (2)(c) is intended to be worn on the surface of the eye. See Utah Code 58-16a-102
  • Manufacturer: means a manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. See Utah Code 58-16a-903
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
(2) discriminate against a contact lens retailer based on whether the contact lens retailer:

     (2)(a) sells or advertises contact lenses for a particular price;
     (2)(b) operates in a particular channel of trade;
     (2)(c) is a person authorized by law to prescribe contact lenses; or
     (2)(d) is associated with a person authorized by law to prescribe contact lenses.