Arizona Hearing Device Company Must Stop Deceptive Advertising

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(Photo by Nathan O'Neal)

An Arizona hearing device company must stop its deceptive advertising after the Arizona Attorney general’s Office obtained an Assurance of Discontinuance.

Budget Hearing Aids and its subsidiary, Audien (Budget), must stop misleading consumers about over-the-counter hearing devices.

Budget owns several websites and advertises “FDA APPROVED” or “FDA REGISTERED” hearing devices, even though the U.S. Food and Drug Administration (FDA) has not approved any over-the-counter hearing aids. The Attorney General’s Office (AGO) claims Budget’s use of these terms conveys a message to the public that the FDA favors or endorses a particular product or service. As a result of the settlement, the AGO required Budget desist from using this deceptive tactic and to remove the FDA logo and the terms “FDA APPROVED,” and “FDA REGISTERED” from any of its advertising.

This injunctive term promotes truth in advertising in this burgeoning marketplace.

The Attorney General’s Office offers the following consumer tips when buying over-the-counter hearing devices:

  • FDA guidance for the over-the-counter hearing device market does not exist. These devices may not work for those with significant or severe hearing loss.
  • Always check the Better Business Bureau and other objective consumer review websites before buying.
  • If you choose to buy, always price shop and review the product details carefully. If the product could be of use, you often can find the same or similar product at lower prices.
  • Carefully read the timeframes and conditions for refunds before you buy. If you agree to an upgrade on your original purchase, be sure to clarify the time remaining during which you may request a refund.
  • If you feel that you have been the victim of consumer fraud, you can file a consumer complaint by visiting the Attorney General’s website. For consumer inquiries, or to request a complaint form, call the Attorney General’s Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or toll-free outside the Phoenix and Tucson metro areas at (800) 352-8431.

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