Bausch & Lomb Inc. <bol.n> was sued in federal court on Thursday in a complaint that accuses the company of failing to disclose to consumers that using its ReNu with MoistureLoc contact lens solution may result in a serious eye infection.

On Monday, the company suspended shipments of the product after some users were diagnosed with a serious eye infection.

U.S. health authorities are looking into 109 cases of Fusarium keratitis, a rare fungal infection that can cause permanent vision loss if untreated. People in 26 of those cases said they used ReNu products or generic versions made by Bausch & Lomb.

The lawsuit, which seeks class-action status, said Bausch & Lomb knew there was a problem with the contact lens solution based on, at the very least, its knowledge that the Fusarium keratitis infections found in patients in Asia were caused by the ReNu solution.

In February, the company suspended sales of ReNu in Hong Kong and Singapore after reports there of Fusarium keratitis infections.

A spokeswoman for the company said she had not seen the lawsuit and could not comment.

The suit was filed in U.S. District Court in Manhattan on behalf of New York resident Nelson Huie, who purchased the contact solution from a Duane Reade drugstore.

The suit also said the company knew of problems with its manufacturing facility in South Carolina where the contact lens solution is produced.

Lawsuit