In October 2010, Labaton Sucharow LLP was appointed Co-Lead Counsel in this lawsuit on behalf of a proposed class of Plaintiffs who purchased Transitions® branded lenses directly from Defendants, certain manufacturers and distributors of these products. 

Plaintiffs allege that, between March 3, 2006 through April 21, 2010, Defendants participated in unlawful exclusionary conduct by entering into exclusivity agreements with ophthalmic lens manufacturers and wholesale prescription optical laboratories, and either terminating or refusing to deal with lens manufacturers that carried or attempted to carry competing products. The case is pending before the Honorable James D. Whittemore in the Middle District of Florida.  

This conspiracy was the subject of a consent decree between one of the Defendants and the Federal Trade Commission, in which the Defendant agreed to immediately cease and desist from engaging in such conduct.

On November 1, 2011, the Court denied Defendants' motion to dismiss.