A firm of solicitors has contacted us representing Mr Charles Crawford of King Crawford LLC who is the owner of Nano Hearing Aids .Com. The letter is a cease and desist letter stating that we are defaming their client. In fairness, they say that the original set of articles do not reflect the new changed Nano Hearing Aid website. One of the things they mentioned was the imagery used and specifically the mention of automatic adjustment, which they say they have now removed. The original articles exactly and precisely reflect the claims that they made at the time of publishing. However, in the spirit of fairness, I am going to go over those articles and add updates to make it clear that the claims were made in 2018, but may not be being made now.
The letter
The letter states and I quote "Specifically, the blogposts contain several falsehoods and defamatory statements concerning our clients and their products. Much of the content contained within the posts is outdated, such as your allegation regarding "automatic adjusting." By way of further example, the footage of the Nano Hearing Aids website depicted in your posts are (sic) outdated. The Nano Hearing Aids site has since been significantly changed and updated, but you fail to acknowledge that."
The article was written in 2018 and everything within the article is relevant and true of that time. While Nano Hearing Aids may have removed some of their most outrageous and damaging claims, it does not take away from the fact that they made them. The automatic adjusting reference was as follows:
screen capture of nano site October 2018
As I said then, there is no hearing aid that automatically adjusts to a hearing loss. It is complete rubbish, it just isn't technically possible. The thing I really got upset at was the statement that "Hearing Tests Are A Marketing Myth!" This was perhaps the most shamefaced and damaging lie of all. A hearing test is a proven medical testing process that delivers the key information that is used to help people hear better. It really is as simple as that and to make an outrageous claim like this that some people may believe is outrageously unethical at best. Obviously, they realised it, because now the paragraph says this:
America's First Ever Recognised OTC Hearing Aids!
They still make the claim that they are the first recognized OTC, the claim is still rubbish. It is outrageously untrue, but like all good lies, it merges truth with complete bullshit. In an article on Know recently called "Are Over The Counter Hearing Aids Legal and Available? The Answers" I clearly spelt out that in fact OTC hearing aids do not exist and will not exist until the FDA gives clear guidance on exactly what they are. So this claim is a lie, an untruth, a fib.
FDA Letter
In fact, the FDA has written a letter to all hearing device manufacturers that cautioned hearing aid manufacturers against marketing their products as an over-the-counter (OTC) hearing aid. The letter states that the OTC hearing aid category does not currently exist, and until it is established, “no products that are claimed to address hearing loss are, or can claim to be, OTC hearing aids…Currently, hearing aids continue to be restricted devices, for which sales must follow applicable federal and state requirements.”
The letter by Dr Maisel emphasizes the fact that marketing of hearing devices cannot use the phrase “OTC hearing aids” in their marketing since the FDA definition of this hearing aid class—which would probably include severity of loss and other important safety, quality, and labelling requirements—has not yet been established.
Anyway, I replied to them saying I would update the articles, which I have done, if they send me details of any other references that may be wrong or have changed, I will quite happily change them.
