NEWS RELEASE

FOR IMMEDIATE RELEASE

Contact: Todd Hallidy

Phone: (302) 577-8314

Date: May 23, 2001

A.G. BRADY SETTLES WITH CONTACT LENS MANUFACTURER

Attorney General M. Jane Brady today announced a proposed antitrust settlement with Johnson & Johnson Vision Products, Inc., that will prevent the company from limiting distribution of contact lenses and will guarantee at least $30 million worth of cash rebates on future lens purchases and eye exams to consumers nationwide. In addition to the benefits packages, Johnson & Johnson has also agreed to place $25 million in a cash settlement fund and pay up to $5 million in cash or coupons to consumers who had worn the company's contact lenses but no longer do so.

The settlement resolves antitrust charges that were filed against the company by 32 states, including Delaware, and a private consumer class. The lawsuit, filed in December 1996, alleged that Johnson & Johnson, Bausch & Lomb, and CIBA Vision agreed with certain optometrists and the American Optometric Association to limit the distribution of contact lenses so that consumers would have to buy replacement lenses from eye care professionals. This agreement, the suit alleged, made it more costly and more difficult for consumers to buy the lenses from alternative sources such as pharmacies, the Internet or mail order companies. All the defendant manufacturers claimed their refusals to sell to alternative outlets were not the result of an illegal agreement. All defendants also deny that their actions caused retail prices of replacement lenses to be above competitive levels.

According to Attorney General Brady, "This settlement means consumers will no longer be forced to pay artificially inflated prices for their contact lenses. They should now be easier and less expensive to purchase."

Delaware joined the other states late Tuesday in filing a motion for preliminary court approval of the settlement and its terms. Under the terms, the company will no longer limit distribution of contact lenses. In addition, consumers who bought replacement lenses from Johnson & Johnson and the other defendants since January 1988 are eligible. The consumer benefits package from Johnson & Johnson will include $50 off the purchase of four six packs of disposable lenses and $25 off the cost of an eye examination by an eye care professional plus an additional $25 off a future purchase of four or more lens six packs. Four six packs of lenses can cost consumers anywhere from about $75 to $100 or more. Johnson & Johnson also agreed to pay up to $5 million in cash or coupons to consumers who had worn Johnson & Johnson contact lenses but no longer do so. Those consumers will have the choice of $35 in cash or $50 in coupons upon filing of an appropriate claim form with proof, such as among other things, a valid prescription for Johnson and Johnson disposable lenses. A full description of the criteria for payment is contained in the notice and claim form.

The company is agreeing to pay $60 million to the states. At least $35 million is to be used for consumer rebates and free products. The amount that will be distributed to Delaware will be determined by the number of Delaware consumers that apply for relief under the settlement. Consumers can get more information on the lawsuits and the settlements, or obtain a notice and claim form to register for the benefits package at http://www.acuvue.com or by calling 1-888-437-1294.

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