Migliaccio & Rathod LLP is investigating whether Johnson & Johnson Vision Care misled consumers through advertising claims for ACUVUE OASYS MAX 1-Day contact lenses concerning comfort, clarity, and comparative performance.
According to a 2026 National Advertising Division (“NAD”) decision, Johnson & Johnson Vision Care was asked to discontinue or modify certain superiority and comparative advertising claims—including certain “2X” performance claims—for ACUVUE OASYS MAX 1-Day contact lenses after a challenge by a competitor.
Consumers purchasing premium daily disposable contact lenses often pay significantly more based upon advertising that promises superior comfort, clearer vision, or better overall performance than competing products.
What Consumers Report
Consumers report:
- Purchasing ACUVUE OASYS MAX 1-Day lenses because of comparative comfort or clarity advertising.
- Paying premium prices over competing daily contact lenses.
- Relying on advertising when selecting contact lenses with their eye-care provider.
- Believing the lenses provided superior performance compared to competing products.
- Learning later that certain comparative advertising claims were challenged.
- Feeling they paid more because of allegedly unsupported marketing.
Why Consumers Should Be Concerned
Consumers frequently choose premium contact lenses based upon comparative advertising that promises improved comfort, visual clarity, or all-day performance. These claims may directly influence which product consumers purchase and the premium price they are willing to pay.
If comparative advertising materially overstated the advantages of certain contact lenses, consumers may have paid more than they otherwise would have for products that did not perform as advertised.
This investigation seeks to determine whether Johnson & Johnson Vision Care accurately represented the comparative performance of ACUVUE OASYS MAX 1-Day contact lenses.
Potential Claims May Include
- False Advertising
- Consumer Protection
- Breach of Express Warranty
- Fraudulent Omission
- Unjust Enrichment
Signs You May Be Affected
You may be affected if:
- You purchased ACUVUE OASYS MAX 1-Day contact lenses.
- You relied upon advertising regarding superior comfort or clarity.
- You paid a premium over competing daily contact lenses.
- You purchased the lenses within the past several years.
- You still possess purchase records or insurance documentation.
- You would not have purchased—or would have paid less for—the lenses had you known the alleged facts.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.