FOR IMMEDIATE RELEASE                                         CIV
TUESDAY, NOVEMBER 21, 1995                         (202) 616-2765
                                               TDD (202) 514-1888

                                 
   DAHLBERG PAYS RECORD PENALTY OF $2.75 MILLION TO SETTLE SUIT


     WASHINGTON, D.C. -- The maker of the so-called "miracle ear
clarifier" today agreed to pay a record $2.75 million to settle
allegations it violated an administrative order which prohibited
it from making performance claims for its hearing aids that were
not supported by reliable scientific or medical evidence, the
Department of Justice announced.
     Dahlberg Inc., a wholly owned subsidiary of Bausch & Lomb,
agreed to pay the civil penalty to settle claims it violated the
Federal Trade Commission Act by using unfair and deceptive
practices in advertising its hearing aids between 1988 and 1993,
the Department of Justice announced.  This is the largest
settlement of a consumer protection action alleging violations of
an administrative order.      
     In a proposed consent decree filed in U.S. District Court in
Minneapolis, Minnesota, Dahlberg also agreed not to engage in
future practices that could violate the order, such as
advertising that its hearing aids possessed performance
characteristics that were not established by scientific fact. 
     Assistant Attorney General Frank Hunger of the Civil
Division said, "This is an important step in protecting American
consumers from advertising that contains misleading or false
information that could lead to purchasing medical products that
have no scientific basis to support their claims.
     "We see this settlement as an expression of the Department's
determination to pursue individuals and businesses who would
deceive consumers, especially the elderly, by claiming that their
products can do things they cannot do.  Hopefully, this action
will serve as a deterrent to those who try to take advantage of
others."
     In February 1994, the Department, on behalf of the Federal
Trade Commission, filed a complaint seeking civil penalties and
injunctive relief from Dahlberg for advertising that its hearing
aids could block out background noise and amplify only speech
when, in fact, they could not.  
     The complaint alleged that Dahlberg violated a 1976
administrative order issued by the FTC when it advertised on
television and in the print media from 1988 through 1993 that its
Miracle Ear Clarifier Hearing Aids could block out background
noise and amplify only speech in a noisy listening environment. 
In fact, the "clarifier" could not amplify only speech and block
out background noise.  
     In addition, there was no evidence that the device was able
to enhance the listening capability of a hearing impaired user in
a noisy listening environment through a technology unique to the
"clarifier" or that "clarifiers" were superior to other hearing
aids with similar technology.  
     Under the decree, the company may advertise that its hearing
aid products have performance characteristics approved by the
Food and Drug Administration based on scientific evidence, but
risks violating the administrative order by making other
unapproved performance claims.  The decree also prohibits the
company from engaging in any additional violations of the
administrative order.  The decree must be approved by the court. 
     Some 40,000 consumers, many of whom were elderly, purchased
clarifiers between 1988 and 1993.
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