New Jersey Assembly Bill A3281

New Jersey 2022-2023 Regular Session

• Introduced: 3/7/22
• Refer: 3/7/22

Caption

Requires manufacturer of recalled medical devices to provide replacement device or pay for replacement device under certain circumstances.

Impact

By mandating that manufacturers fulfill this obligation within 30 days of a recall notification, AB A3281 strengthens the existing framework for consumer rights related to medical devices. Under the proposed law, any failure to comply would be classified as an unlawful practice under New Jersey's Consumer Fraud Act, exposing manufacturers to potential monetary penalties as well as further legal consequences. The bill significantly bolsters consumer protection and serves as a deterrent against negligent practices by manufacturers in the medical device sector.

Summary

Assembly Bill A3281 aims to enhance consumer protection in New Jersey by requiring manufacturers of medical devices to provide replacements or reimbursements when a product is recalled. Specifically, if a recall necessitates that consumers stop using or return a medical device, the manufacturer must either supply a replacement device at no cost or, if unavailable, pay for a similar device from another manufacturer. This requirement is intended to ensure that consumers are not left without necessary medical equipment due to recalls.

Contention

While the bill has significant consumer protection benefits, it may lead to contention regarding the financial implications for medical device manufacturers. Critics could argue that the compliance costs could drive up prices for consumers or limit the availability of certain devices. Furthermore, manufacturers may express concerns over the feasibility of adhering to a strict timeframe for replacements, particularly for complex devices or those that are custom-made. Balancing consumer safety with the operational realities of manufacturers is expected to be a central topic in discussions surrounding the bill's enactment.