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Senate Commerce Committee Statement to Senate, No. 2427 (November 3, 2022)

Summary

The Senate Commerce Committee statement, dated November 3, 2022, reports favorably Senate Bill No. 2427. The bill requires a manufacturer of a recalled medical device to provide a replacement device or pay for a replacement device under certain circumstances. If a recall requires a consumer to stop using or return a medical device, the manufacturer is to provide a replacement at no cost or, if none is available from the manufacturer, to purchase one available from another manufacturer. The manufacturer is to comply as soon as practicable but no later than 30 days after the recall is issued. A violation is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense.

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Cite this document

“Senate Commerce Committee Statement to Senate, No. 2427 (November 3, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-11-03-scm-s2427-s1-f829e1bd37/, SHA-256 39b58efc7b8bed6e65389bbd0074d3f5b6034c758b9f0e616cb0743dc4f901fe.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 2427

 STATE OF NEW JERSEY
                   DATED: NOVEMBER 3, 2022

    The Senate Commerce Committee reports favorably Senate Bill
No. 2427.
   This bill requires a manufacturer of a recalled medical device to
provide a replacement device or pay for a replacement device under
certain circumstances.
   Under the provisions of this bill, if a recall is issued that requires
a consumer to stop using a medical device or to return a medical
device to the manufacturer, the manufacturer is to provide a
replacement medical device to a consumer at no cost, or, if no
replacement is available from the manufacturer, to purchase a
replacement medical device available from another manufacturer
for the consumer. The bill provides that a manufacturer is to
comply with the provisions of this section as soon as practicable but
no later than 30 days after the recall is issued.
   The bill defines “manufacturer” to mean a person engaged in the
business of manufacturing or assembling medical devices.
   A violation of the bill’s provisions is an unlawful practice under
the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.). An
unlawful practice is punishable by a monetary penalty of not more
than $10,000 for a first offense and not more than $20,000 for any
subsequent offense. In addition, a violation can result in cease and
desist orders issued by the Attorney General, the assessment of
punitive damages, and the awarding of treble damages and costs to
the injured.

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