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US Federal Trade Commission: lviagreement

US Federal Trade Commission: lviagreement

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Published by: ftc on Jan 22, 2008
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06/14/2009

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Page 1 of 7
UNITED STATES OF AMERICAFEDERAL TRADE COMMISSION
 )In the Matter of)FILE NO. 022 3053)THE LASER VISION INSTITUTE, LLC,)a corporation, et al.)AGREEMENT CONTAINING)CONSENT ORDER____________________________________)The Federal Trade Commission has conducted an investigation of certain acts and practices of The Laser Vision Institute, LLC, a corporation, and Marco Musa, Max Musa, and Marc’AndreaMusa, individually and as officers of the corporation ("proposed respondents"). Proposed respondents,having been represented by counsel, are willing to enter into an agreement containing a consent orderresolving the allegations contained in the attached draft complaint. Therefore,IT IS HEREBY AGREED by and between The Laser Vision Institute, LLC, by its dulyauthorized officer, and Marco Musa, Max Musa, and Marc’Andrea Musa, individually and as officersof the corporation, and counsel for the Federal Trade Commission that:1.a.Proposed respondent The Laser Vision Institute, LLC ("LVI"), is a Florida corporation with itsprincipal 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. Individuallyor in concert with others, he formulates, directs, controls, or participates in the policies, acts, orpractices 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 policies,acts, or practices of the corporation. His principal office or place of business is the same as that of 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 policies,acts, or practices of the corporation. His principal office or place of business is the same as that of LVI.2.Proposed respondents admit all the jurisdictional facts set forth in the draft complaint.
 
Page 2 of 73.Proposed respondents waive:a. Any further procedural steps;b. The requirement that the Commission's decision contain a statement of findings of factand conclusions of law; andc. All rights to seek judicial review or otherwise to challenge or contest the validity of theorder entered pursuant to this agreement.4.This agreement shall not become part of the public record of the proceeding unless and until it isaccepted by the Commission. If this agreement is accepted by the Commission, it, together with thedraft complaint, will be placed on the public record for a period of thirty (30) days and informationabout it publicly released. The Commission thereafter may either withdraw its acceptance of thisagreement and so notify proposed respondents, in which event it will take such action as it mayconsider appropriate, or issue and serve its complaint (in such form as the circumstances may require)and decision in disposition of the proceeding.5.This agreement is for settlement purposes only and does not constitute an admission byproposed respondents that the law has been violated as alleged in the draft complaint, or that the factsas alleged in the draft complaint, other than the jurisdictional facts, are true.6.This agreement contemplates that, if it is accepted by the Commission, and if such acceptanceis not subsequently withdrawn by the Commission pursuant to the provisions of Section 2.34 of theCommission's Rules, the Commission may, without further notice to proposed respondents, (1) issue itscomplaint corresponding in form and substance with the attached draft complaint and its decisioncontaining the following order in disposition of the proceeding, and (2) make information about it public.When so entered, the order shall have the same force and effect and may be altered, modified, or setaside in the same manner and within the same time provided by statute for other orders. The ordershall become final upon service. Delivery of the complaint and the decision and order to proposedrespondents' address as stated in this agreement by any means specified in Section 4.4(a) of theCommission's Rules shall constitute service. Proposed respondents waive any right they may have toany other manner of service. The complaint may be used in construing the terms of the order, and noagreement, understanding, representation, or interpretation not contained in the order or the agreementmay be used to vary or contradict the terms of the order.7.Proposed respondents have read the draft complaint and consent order. They understand thatthey may be liable for civil penalties in the amount provided by law and other appropriate relief for eachviolation of the order after it becomes final.
 
Page 3 of 7ORDERDEFINITIONSFor purposes of this Order, the following definitions shall apply:1.Unless otherwise specified, "respondents" shall mean The Laser Vision Institute, LLC, acorporation, its successors and assigns and its officers; Marco Musa, Max Musa, and Marc’AndreaMusa, individually and as officers of the corporation; and each of the above's agents, representatives,and employees.2."Competent and reliable scientific evidence" shall mean tests, analyses, research, studies, orother evidence based on the expertise of professionals in the relevant area, that has been conductedand evaluated in an objective manner by persons qualified to do so, using procedures generallyaccepted in the profession to yield accurate and reliable results.3."Refractive surgery services” shall mean any surgical procedure designed to improve thefocusing power of the eye by permanently changing the shape of the cornea. 4."Device," shall mean as defined in Section 15 of the Federal Trade Commission Act, 15 U.S.C.§ 55.5."Commerce" shall mean as defined in Section 4 of the Federal Trade Commission Act, 15U.S.C. § 44.I.IT IS ORDERED that respondents, directly or through any corporation, subsidiary, division, orother device, in connection with the advertising, promotion, offering for sale, or sale of LASIK surgeryservices or any other refractive surgery services, in or affecting commerce, shall not represent, in anymanner, expressly or by implication, that such services:A.Eliminate the need for glasses and contacts for life;B.Eliminate the need for reading glasses; or C.Eliminate the need for bifocals,unless, at the time it is made, respondents possess and rely upon competent and reliable scientificevidence that substantiates the representation.

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