Attorney General Paxton joined 42 states urging the U.S. Food and Drug Administration (FDA) to preserve state authority to enforce pro-consumer state laws governing the sale of over-the-counter hearing aids. While the states generally support the FDA’s proposal to establish a new category of hearing aids that could be sold over the counter -- lowering costs and minimizing burdens to consumers – they should make clear that federal law will not override traditional state consumer protections laws that, among other things, provide for warranties, ensure proper labeling for use, and impose age restrictions that ensure people receive the hearing aids that best meet their need without risking avoidable hearing loss.
“Part of the FDA’s job is to ensure the safety of medical devices and eliminating state law safeguards could cause undue harm to unsuspecting consumers,” Attorney General Paxton said. “I will make sure that Texans have access to the medical devices they need while ensuring that states may continue to protect them through the enforcement of consumer protection laws.”
To read the letter click here.