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1
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EXHIBITS A - E
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EXTRACTED KEY WORDS
LASER VISION EYE CORRECTION PATIENTS NEWS CAREER VISION INSTITUTE CONSIDERATIONS GLASSES SURGERY CORNEA POST-OP TESTIMONIALS LENSES EXCIMER FREE CONSULTATION RISK GENERAL INFO NEARSIGHTEDNESS SCHEDULE ASTIGMATISM TECHNOIOCLV NEWS BULLETIN PHVSICIANS EVE DISTANCE PRK MONOVISION |
"Eliminate
your need for
reading glasses...
I.did, and I do surgery with it!"
Dr. Richard Livernois
Lasik Surgeon/h Lasik Patient
(
..->
. . .
FlNAbklNG AVAILABLE!
: :, ._ ;
.,y+.-> -. ._
c+: IS ohe of our r&l dxp&&& and cf&&khed surgeons. He has
d over 7.ooO Lasik pmcedures, and has had lasik himself.
td his medic4 degree from Bmwn U@versity (1972.1976), where he also tid his
`wed his re$dency at the prestigious Scbeie Eye Institute at !he University of
idphi+ `, : `. ' ;.
e research has been published in a number of famous journals, has lectured
of law su$ery. Recognized bath heq and abroad as an author aod fecturer, he
his field of reh&ve surge& sinq 1981 and ha% .@n a Course Direcbr since
,' ,,T'
.`I `I: <- .' . `ii,
sionJ afjtliationq are indeeif, `impassive and h&.awards too nurnero$k I&
mplete q&t on the expetise'of this distingui&ed eye surgeon. :.'
-----.- .l_l. .._-__ __ ,-.- _-.. .~I--.
`i ~'
,' .?'
r-- -
c--
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2
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COMPLAINT
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EXTRACTED KEY WORDS
ACTS FREE CONSULTATION LASER VISION GLASSES REPRESENTATIONS PRACTICES RESPONDENTS FEDERAL TRADE COMMISSION CANDIDACY LVI EXHIBIT ALLEGES COMPLAINT SURGERY PARAGRAPH PRINCIPAL OFFICE ADVERTISEMENTS CONSUMERS REASON BUSINESS DIRECTS EYE PATIENT LENSES FLAP HIGHLIGHTED LINK REPRESENTATIONS SET DEPENDENCE AFFECTING COMMERCE |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
)
)
In the Matter of )
)
THE LASER VISION INSTITUTE, LLC, )
a corporation, et al. ) DOCKET
)
__________________________________________)
COMPLAINT
The Federal Trade Commission, having reason to believe that The Laser Vision Institute,
a corporation, and Marco Musa, Max Musa, and Marc'Andrea Musa, individually and as officers of
the corporation ("respondents"), have violated the provisions of the Federal Trade Commission Act,
and it appearing to the Commission that this proceeding is in the public interest, alleges:
1. Respondent The Laser Vision Institute, LLC ("LVI"), is a Florida corporation with its
office or place of business at 3801 South Congress Avenue, Lake Worth, Florida 33461.
2. Respondent Marco Musa is president of LVI. Individually, or in concert with others, he
formulates, directs, controls, or participates in the policies, acts, or practices of LVI,
and practices alleged in this complaint. His principal office or place of business is the same as
LVI.
3. Respondent Max Musa is the chief executive officer of LVI. Individually, or in concert
others, he formulates, directs, controls, or participates in the policies, acts, or practices of
including the acts and practices alleged in this complaint. His principal office or place of
same as that of LVI.
4. Respondent Marc'Andrea Musa is vice-president of LVI. Individually, or in concert with
others, he formulates, directs, controls, or participates in the policies, acts, or practices of
including the acts and practices alleged in this complaint. His principal office or place of
same as that of LVI.
Page 1 of 5
5. Respondents have advertised, offered for sale, and sold directly to the public refractive
services designed to improve the focusing power of the eye by permanently changing the shape of the
cornea (the clear covering of the front of the eye), thereby reducing patients' dependence on
and contact lenses. These surgery services include, among others, LASIK (laser assisted in situ
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3
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ANALYSIS
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EXTRACTED KEY WORDS
CONSUMERS LASIK REFRACTIVE SURGERY SERVICES LVI COMMISSION READING GLASSES CANDIDACY CONSENT ORDER AGREEMENT EYE COMPLAINT ALLEGES SUBSTANTIATE CONSULTATION MUSA PUBLIC RECORD FREE CONSULTATION DEPOSIT RELIABLE SCIENTIFIC EVIDENCE ADVERTISEMENTS RESPONDENT NOTIFY LASER REPRESENTATIONS FOCUSING POWER PERMANENTLY CHANGING CORNEA LIFE BIFOCALS CARE |
ANALYSIS OF PROPOSED CONSENT ORDER
TO AID PUBLIC COMMENT
The Federal Trade Commission has accepted, subject to final approval, an agreement
containing a consent order from The Laser Vision Institute, LLC and its principals, Marco Musa, Max
Musa, and Marc'Andrea Musa (collectively, "LVI").
The proposed consent order has been placed on the public record for thirty (30) days for
receipt of comments by interested persons. Comments received during this period will become part of
the public record. After thirty (30) days, the Commission will again review the agreement and the
comments received, and will decide whether it should withdraw from the agreement or make final the
agreement's proposed order.
This matter involves alleged misleading representations about LASIK (laser assisted in situ
keratomileusis) refractive surgery services designed to improve the focusing power of the eye by
permanently changing the shape of the cornea (the clear covering of the front of the eye), thereby
reducing patients' dependence on eyeglasses and contact lenses.
The complaint alleges that LVI failed to substantiate claims that its LASIK surgery
eliminate the need for glasses and contacts for life; (2) eliminate the need for reading glasses;
eliminate the need for bifocals. Among other reasons, the complaint alleges that LASIK surgery does
not eliminate most peoples' need for reading glasses.
According to the FTC complaint, LVI falsely claimed that consumers will receive a free
consultation that determines their candidacy for LASIK. In fact, the complaint alleges that
receive a free, initial meeting with an LVI representative during which consumers receive a quoted
for the procedure based on their prescription and other desired services, and are required to pay a
$300 deposit before the risks and limitations of LASIK are disclosed to them and their candidacy is
determined by a health care professional at a future time. The $300 deposit is non-refundable if,
the consultation, consumers elect not to undergo the procedure. Consumers are refunded $200 of the
deposit if they are later rejected as medical candidates.
The proposed consent order contains provisions designed to prevent LVI from engaging in
similar acts and practices in the future.
Part I of the order prohibits claims that LASIK surgery services or any other refractive
services: (1) eliminate the need for glasses and contacts for life; (2) eliminate the need for
glasses; or (3) eliminate the need for bifocals, unless the claims are substantiated by competent
reliable scientific evidence. "Refractive surgery services" are defined as any surgical procedure
to improve the focusing power of the eye by permanently changing the shape of the cornea.
Part II of the order requires that future claims about the benefits, performance, efficacy,
safety of any refractive surgery service be substantiated by competent and reliable scientific
Part III of the order prohibits LVI from misrepresenting: (1) that consumers will receive a
consultation that determines their candidacy for LASIK or any other refractive surgery services;
cost to consumers to have their candidacy for refractive surgery services determined; or (3) the
information consumers will receive during a consultation for refractive surgery services.
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4
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AGREEMENT
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EXTRACTED KEY WORDS
MUSA COMMISSION COMPLAINT REPRESENTATION FEDERAL TRADE COMMISSION PROPOSED RESPONDENTS OFFICERS AGREEMENT REFRACTIVE SURGERY BUSINESS CONSUMERS ACTS PRACTICES LASER VISION INSTITUTE MARCO MUSA DIRECTS LLC DRAFT COMPLAINT ACCEPTANCE MANNER SALE PRINCIPAL OFFICE SUCCESSORS NOTIFY EMPLOYMENT RELIABLE SCIENTIFIC EVIDENCE ADVERTISING AFFECTING COMMERCE TERMINATE |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
)
In the Matter of ) FILE NO. 022 3053
)
THE LASER VISION INSTITUTE, LLC, )
a corporation, et al. ) AGREEMENT
) CONSENT ORDER
____________________________________)
The Federal Trade Commission has conducted an investigation of certain acts and
The Laser Vision Institute, LLC, a corporation, and Marco Musa, Max Musa, and Marc'Andrea
Musa, individually and as officers of the corporation ("proposed respondents"). Proposed
having been represented by counsel, are willing to enter into an agreement containing a consent
resolving the allegations contained in the attached draft complaint. Therefore,
IT IS HEREBY AGREED by and between The Laser Vision Institute, LLC, by its duly
authorized officer, and Marco Musa, Max Musa, and Marc'Andrea Musa, individually and as officers
of the corporation, and counsel for the Federal Trade Commission that:
1.a. Proposed respondent The Laser Vision Institute, LLC ("LVI"), is a Florida corporation
principal office or place of business at 3801 South Congress Avenue, Lake Worth, Florida 33461.
1.b. Proposed respondent Marco Musa is the President of the corporate respondent.
or in concert with others, he formulates, directs, controls, or participates in the policies, acts,
practices of the corporation. His principal office or place of business is the same as that of LVI.
1.c. Proposed respondent Max Musa is the Chief Executive Officer of the corporate respondent.
Individually or in concert with others, he formulates, directs, controls, or participates in the
acts, or practices of the corporation. His principal office or place of business is the same as
LVI.
1.d. Proposed respondent Marc'Andrea Musa is the Vice-President of the corporate respondent.
Individually or in concert with others, he formulates, directs, controls, or participates in the
acts, or practices of the corporation. His principal office or place of business is the same as
LVI.
2. Proposed respondents admit all the jurisdictional facts set forth in the draft
Page 1 of 7
3. Proposed respondents waive:
a. Any further procedural steps;
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