FRANKFORT, Ky. (April 14, 2023) – Attorney General Daniel Cameron today announced a multi-state settlement with Visibly Inc. (Visibly), a telehealth company that markets and sells online vision tests. The settlement resolves allegations that Visibly engaged in deceptive marketing practices by misrepresenting the safety or effectiveness of the company’s vision tests and requires the company to significantly alter its business practices.
Under the settlement, Visibly has agreed to pay the participating states $500,000 and Kentucky will receive $33,579.89.
“Deceptive business practices have no place in Kentucky’s marketplace,” said Attorney General Cameron. “This settlement prevents Visibly from misrepresenting its products and services, requires the company to obtain FDA approval before marketing and selling its products, and recovers over $33,000.”
After the U.S. Food and Drug Administration (FDA) warned Visibly about marketing its online vision tests without appropriate approval, a coalition of attorneys general launched an investigation into Visibly’s marketing practices. The investigation found that Visibly had been marketing and selling a device without FDA approval, had made unsubstantiated safety claims about it’s online vision test, and had falsely claimed to offer a 100 percent satisfaction or money back guarantee.
In addition to the payment to the states, Visibly has agreed to:
- Ensure all of its products are approved by the FDA before it markets and sells these products to consumers.
- Stop comparing the safety or effectiveness of Visibly products to those offered by doctors’ offices without first obtaining reliable scientific evidence substantiating those claims.
- Clearly label products that have not been endorsed by an approved medical provider.
- Disclose that the company’s online vision test is not a substitute for an in-person comprehensive eye examination and urge consumers to seek such exams to determine overall eye health.
Attorney General Cameron was joined by attorneys general from Illinois, Mississippi, Nebraska, Nevada, Pennsylvania, South Dakota, Texas, Vermont, Washington, and Wisconsin in the settlement.
To read a copy of the agreement, click here.