- The National Association of Attorneys
General sent a comment letter to the FDA, signed by a
bipartisan group of 42 AGs, urging it to ensure that states'
authority to protect consumers is not preempted in its proposed rule regarding the sale of
over-the-counter hearing aids.
- The letter notes that all 50 states currently
require hearing professionals to be licensed and many states have
specific consumer protections for individuals buying hearing aids,
including mandatory disclosures, warranties, and returns; and
further argues that the language of the proposed rule—while
providing more affordable and accessible hearing aids—may
unintentionally undermine states' ability to protect
consumers.
- The letter asks the FDA to make explicit that its new rule will not preempt state consumer protections, as well as to strengthen age verification processes to protect minors and to clarify that OTC hearing aides are only appropriate for mild to moderate hearing loss.
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