In July 2018, the Ninth Circuit Court of Appeals reversed in part and vacated in part
the dismissal of a class-action lawsuit filed against Costco in 2014. The lawsuit
alleges that Costco misleadingly markets its eye exams as being conducted by “Independent Doctors of Optometry” when, according to plaintiffs, the optometrists are actually managed and controlled by Costco. (Costco allegedly oversees and controls the day-to-day operations of the optometrists, including their hours of operation and fees they charge.) The case was remanded for further proceedings. (DeCarlo et al v. Costco Wholesale Corp. and MBNR, Inc.
, District Court Case No. 14-cv-202, S. D. CA.; Appellate Court Case No. 16-56602, 9th Cir.)
For more of TINA.org’s coverage of Costco, click here.