Kramer Levin Successfully Represents Johnson & Johnson Vision Care in Challenge Before the National Advertising Division

Kramer Levin successfully represented its client Johnson & Johnson Vision Care, Inc., maker of ACUVUE® brand contact lenses, in a challenge before the National Advertising Division (“NAD”) concerning advertising by Bausch & Lomb Incorporated (“B&L”) for its competing ULTRA® contact lens product. NAD recommended that B&L discontinue its claims to eye care professionals that ULTRA lenses “have significantly more PVP (4x as much of the wetting agent) than [ACUVUE OASYS lenses]”; that ULTRA lenses have “best-in-class properties for best-in-class performance”; and that ULTRA lenses are “Patient preferred for end-of-day comfort over the leading silicone hydrogel lenses . . . 2 to 1 vs. ACUVUE OASYS.” NAD also recommended that B&L discontinue related “better comfort” and “better vision” claims that were based on a contact lens “refit” study that NAD determined to be “materially flawed” and “insufficiently reliable to support the advertiser’s comparative performance and preference claims.” The Kramer Levin team included litigation partner Norman C. Simon and associate Seth F. Schinfeld.