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Visibly Hits Pause on State Challenges

Arlington, Va.—Today, Institute for Justice client Visibly hit the pause button on challenges to South Carolina and Indiana laws banning its online vision testing software. This move comes in response to a shift in Food and Drug Administration policy on how such technology is classified—a shift that requires the company to re-apply for FDA approval to continue marketing its products. As a result, Visibly has dismissed its Indiana lawsuit (without prejudice) and is seeking a stay of its pending appeal in South Carolina.

“Litigation is a marathon, not a sprint,” said IJ Attorney Josh Windham, who is representing Visibly in the lawsuits. “These delays in no way affect our commitment to ultimately winning the race.”

“Both of these laws are just as unconstitutional today as they were when Visibly first challenged them,” said IJ Senior Attorney Bob McNamara, who also represents Visibly. “IJ will not rest until states learn that banning new technologies just to protect established businesses from competition is not a legitimate use of government power.”

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