NJ A1399

Medical device manufacturers must provide a free replacement device to consumers when a recall requires them to stop using or return the device

If the manufacturer cannot provide a replacement from their own inventory, they must purchase a comparable replacement device from another manufacturer for the consumer

Manufacturers must comply with the replacement requirement within 30 days of the recall being issued

Violations constitute an unlawful practice under New Jersey's consumer fraud act, with penalties up to $10,000 for first offenses and $20,000 for subsequent offenses, plus potential cease and desist orders, punitive damages, and treble damages