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Attorney General Sues Over-The-Counter Hearing Aid Company Nano For Misleading Consumers

January 3, 2023

The Vermont Attorney General’s Office has filed a lawsuit against Nano Hearing Aids for misleading consumers about the effectiveness and quality of its products. The lawsuit alleges that Nano engaged in multiple layers of deception by making misleading statements on its website and in advertisements, implying its products are FDA-approved, and falsely representing its products as American-made. It is further alleged that Nano put consumers’ health at risk by promoting a deceptive online “hearing test” that leads consumers to believe their test results are reviewed by hearing experts, when they are not, and invariably recommending the purchase of Nano’s most expensive product regardless of the results.

“Our investigation revealed that Nano left consumers in the dark about the potential and serious health risks associated with their products,” said Attorney General Susanne Young. “Vermonters experiencing hearing loss should not be discouraged from seeking the professional diagnoses and care they need. The Attorney General’s Office will continue to hold businesses accountable for putting profits before the health and wellbeing of Vermonters.”

            From January 2018 through July 2021, Nano sold at least $200,000 worth of products and warranties to approximately 800 Vermont consumers. The investigation initiated by the Attorney General’s Office revealed numerous unfair business practices and misleading statements allegedly made by Nano, including:

  • misrepresenting the character of their hearing products;
  • offering a “hearing test” on its website which is misleadingly described as an “accurate hearing test” in less than ten minutes that “works as free audiologist consultation;”
  • implying that professional audiologists review each consumer’s “hearing test” results;
  • directing sales staff to identify themselves to consumers as “hearing specialists” despite having no related specialized medical training or advanced degrees;
  • directing sales staff to persuade dissatisfied consumers into keeping their devices past the point of when returns are possible under Nano’s 45-day money-back guarantee; 
  • perpetually listing their products as being on sale;
  • claiming products are designed in the U.S. when they are designed in China;
  • unlawfully promoting its products for children; and
  • implying its products are approved by the FDA when they are not.

The lawsuit seeks to protect consumers by requiring Nano to refund money to consumers, to give up any profits resulting from violations of the law, and to pay penalties for its conduct.

            The Attorney General encourages Vermonters who purchased products from Nano to contact the Consumer Assistance Program (CAP) by calling 1-800-649-2424 or completing an online complaint form available at ago.vermont.gov/cap

            A copy of the complaint filed in Vermont Superior Court, which was served last month, is available here.

 

Contact: Lauren Jandl, Chief of Staff, 802-828-3171