Shares of Eclipsyware Co. initially tumbled 25 percent on the New York Stock Exchange. But shares rebounded in after-hours trading when the company pinned blame on its customers. The Los Angeles-based eyewear company nevertheless apologized for the inconvenience to affected customers who purchased the $1.99 Eclipsyware Total Eclipse glasses.
|Moments before going blind. Photo: ODOT|
Eclipsyware Chief Executive Shaun Seymore, in a conference call with investors, noted that Eclipsyware's 35,000-word terms of service cautioned that staring at the sun "may cause" blindness, and that the Eclipsyware Total Eclipse glasses were "costume" glasses meant to commemorate the first total solar eclipse in decades.
Product liability attorneys told TheYellowDailyNews that this language immunized the company from lawsuits. "Nowhere on the Eclipsyware Total Eclipse packaging does it say these are for staring at the sun," a well placed product-liability attorney with direct knowledge of the terms of service told TheYellowDailyNews on condition of anonymity. "In fact, on page 31 of the 75-page service agreement, the company clearly warns that the Eclipsyware Total Eclipse glasses are not meant to be used to stare at the sun."
Meantime, Seymore told TheYellowDailyNews in an exclusive interview that the company would give users who lost their eyesight a coupon for a 50 percent discount on their soon-to-be released costume eyewear for the blind.
"This is the least we can do for our valued customers," Seymore told TheYellowDailyNews. "We issued this recall to be responsible corporate citizens to prevent more customers from blinding themselves."
Daylight Pharma Pills Co., the maker of the only FDA drug approved to treat Non-24-Hour Sleep Wake Disorder, announced it would issue a limited supply of 25-percent off coupons for its $995 monthly treatment. Its patented formula helps regulate the internal body clocks of those who lost their eye site.
Shares of Daylight Pharma Pills surged in after-hours trading on the NASDAQ stock exchange.