BUFFALO, N.Y. - A near-defunct subsidiary of Bausch & Lomb Inc. on May 24 pleaded guilty to two federal felony counts of off-label promotion of a drug and paying kickbacks and agreed to settle a related whistle-blower lawsuit, to pay $33.5 million in criminal fines and civil penalties and to be excluded from participation in Medicare (United States of America v. ISTA Pharmaceuticals, Inc., No. 1:13-cr-99, United States of America, ex rel. Keith Schenker v. ISTA Pharmaceuticals, Inc., No. 1:07-372, W.D. N.Y.).