Date published: 2006/03/06
The BBC says:
Charges that online auction firm eBay aided the illegal sale of contact lenses have been dismissed.
Regulatory body the General Optical Council offered no evidence at court in London after being advised eBay could not be made to monitor its listings.
eBay denied aiding and abetting illegal lens sales, arguing it removed any adverts on its site in August 2005, as soon as it was aware of the problem.
By law, lenses must be sold by a registered optician or doctor.
The General Optical Council (GOC) had said it spotted more than 200 lenses for sale on the site and first issued eBay with a summons over the alleged sales in August 2005.
The criminal prosecution was being brought at City of London Magistrates under the Opticians Act 1989.
However, following legal advice that eBay were covered in the matter by a provision under European law, the council decided to offer no evidence at the eleventh hour.
GOC registrar Peter Coe said: "The council took action on this issue because of the dangers to consumers buying and wearing contact lenses which have not been fitted by a qualified professional.
"We recognise that eBay has put in place listing policies addressing these issues and appears to be ensuring that unlawful auctions of contact lenses are removed from the website.
"Hopefully the public is also now more aware of the risks of buying and wearing contact lenses from unregulated sellers."
...
eBay said the case reinforced its position that as an "information society service provider", its duty is simply to remove illegal sale notices from its site when it is made aware of them rather than to comb through it for them.
A rather frivolous lawsuit, in the American style. Is there any mention anywhere of going after the real criminal, i.e. the people trying to sell these lenses (who probably are people up to no good)? No, instead blame the messenger and go after the corporation. If only medical organisations were so keen on protecting the public against the malpractice of their own members.
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