2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-F - Speech-Language Pathology and Hearing Care Providers Practice › Section 326-F:15 - Deceptive Advertising Prohibited.

326-F:15 Deceptive Advertising Prohibited. –
I. No hearing aid dealer or audiologist, or employee or agent thereof, shall use or cause to be used or promote the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, deceptive, or untruthful. All advertising by mail which offers free hearing testing or other services by a hearing aid dealer or audiologist shall clearly state in such advertising that the offers are made by a hearing aid dealer or audiologist.
II. No hearing aid dealer, or employee or agent thereof, shall represent that the services or advice of an individual licensed to practice medicine or of an individual certified as an audiologist will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids where that is not true; or use or incorporate in any title or designation the words, "doctor," "otologist," "clinic," "clinical audiologist," "audiologist," "state licensed clinic," "state certified," "state approved," "state registered," "certified hearing aid audiologist," or any term, abbreviation, or symbol which would give the false impression that one is being treated medically or audiologically or that the registrant's services have been recommended by the state.
III. No hearing aid dealer or audiologist, or employee or agent thereof, shall use any advertisement or any other representation which has the effect of misleading or deceiving purchasers or prospective purchasers in the belief that any hearing aid or device, or part or accessory thereof, is a new invention or involves a new mechanical or scientific principle when such is not a fact.
IV. No hearing aid dealer or audiologist, or employee or agent thereof, shall state or imply that the use of any hearing aid will restore hearing to normal, or preserve hearing, or prevent or retard the progression of a hearing impairment or make any false or misleading or medically or audiologically unsupportable claims regarding the efficacy or benefits of hearing aids.
V. No hearing aid dealer or audiologist, or employee or agent thereof, shall advertise a particular model, type, or kind of hearing aid when the offer is not a bona fide effort to sell the product so offered as advertised.
VI. No hearing aid dealer or audiologist, or employee or agent thereof, shall advertise that a hearing aid will be beneficial to persons with hearing loss, regardless of the type of loss. No such dealer, employee, or agent shall advertise that a hearing aid will enable persons with hearing loss to consistently distinguish and understand speech sounds in noisy situations.
VII. No hearing aid shall be sold to any person unless the packaging containing the hearing aid carries the following disclaimer in 10 point type or larger: "This hearing aid will not restore normal hearing nor will it prevent further hearing loss."
Source.
2021, 91:183, eff. July 1, 2021.