CopyPublished | Court of Appeals for the Eleventh Circuit
...The second, Fla. Stat. §
484.053 (the “Licensing Statute”), prohibits
dispensing hearing aids without a state hearing aid specialist license or through
improper or fraudulent use of a state hearing aid specialist license. The third, Fla.
Stat. §
484.054 (the “Mail Order Ban”), bans all sales of hearing aids through the
mail.
Taylor has been selling hearing aids in Florida for over thirty years and, until
1
Neither the constitutionality nor the validity of the FDA’s pr...
...The Mail Order Ban
15
Case: 18-14934 Date Filed: 07/01/2020 Page: 16 of 19
Florida’s Mail Order Ban provides that: “It is unlawful for any person to sell
or distribute hearing aids through the mail to the ultimate consumer.” Fla. Stat.
§ 484.054....
...Order Ban’s purpose and effect, we look to the plain language of the Mail Order
Ban itself to determine whether it is preempted by § 360k(a): “It is unlawful for
any person to sell or distribute hearing aids through the mail to the ultimate
consumer.” Fla. Stat. § 484.054....
