Attorney General Ford Warns Nevadans about Deceptive Over-the-Counter Hearing Aids

Carson City, NV – Today, Nevada Attorney General Aaron D. Ford issued a consumer alert warning Nevadans to be aware of misleading representations in the marketing of some over-the-counter hearing aids. Traditionally, hearing aids are prescribed and fitted by a hearing healthcare professional. However, over-the-counter-devices may be offered without consultation, and consumers may not receive warnings of the risks associated with them.

“Hearing loss can be debilitating in many ways and many Nevadans are looking for affordable solutions," said AG Ford. "Our goal is to make sure Nevada consumers are able to make informed choices understanding the difference between FDA approved medical devices and sound amplifiers, which may not address their actual hearing needs.”

Some over-the-counter devices may display “FDA Registration Certificates” that look like official government documents and may even have the FDA logo. These certificates may be displayed next to photos of the devices on the website, giving the impression that the device has received FDA approval.

Medical device companies are required to register and list their devices with the FDA, which only indicates that the company has provided certain information to the FDA. It does not indicate FDA approval, clearance or authorization of the device. Medical devices listed with the FDA can be found on the FDA’s Medical Devices Database.

For consumers in search of a hearing aid product, including but not limited to the elderly and law enforcement communities, please remember the following:

• Consider making an appointment with a hearing specialist who can give an opinion about the type of device you should use. Only a hearing screening and opinion from a hearing professional can tell you what type of hearing device will work best for you.
• Relaxed restrictions on the sale of direct-to-consumer hearing aids means many over the counter products are considered sound amplifiers, not FDA-approved medical devices, and may not work properly for those with hearing loss.
• Research the company or seller through Better Business Bureau and other trusted sources before purchasing a hearing loss product.
• Weigh online reviews and endorsements with caution.
• Pay attention to the timeframes and conditions for returns and refunds. Have a full understand of your right to return or cancel an order and receive a refund before making a purchase.
• If a deal on a hearing aid device seems too good to be true, it probably is.
• If you believe you have encountered a deceptive act regarding the sale or marketing of a medical device, you should file a complaint about your experience with our office.

May is National Speech-Language-Hearing Month and Attorney General Ford encourages all Nevada residents to get their hearing tested by a qualified audiologist.

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