AUSTIN, Texas (Legal Newsline) – The Office of Texas
Attorney General Ken Paxton has announced settlements with 21 convenience and
dollar stores in the San Antonio area that allegedly violated the Texas
Deceptive Trade Practices Act and the Texas Optometry Act by selling contact
lenses without requiring a prescription upon purchase.
The San Antonio Police Department had looked into these
businesses, finding evidence of store clerks selling cosmetic lenses the stores
had acquired from novelty businesses. Alleged conduct of this nature is
unlawful, as Texas does not exempt cosmetic lenses from the prescription
Paxton’s office notes that the lenses
may cause health problems to consumers. It is not currently known if storage
conditions compromised the integrity of the lenses. The novelty businesses
allegedly often stored the contact lenses in the back of vans.
The store owners agreed to pay $50,000 in civil penalties
and attorney fees. They will stop selling these contact lenses and give refunds
for the next 90 days to all consumers who bought the lenses.