AN ACT RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- UNFAIR SALES PRACTICES (Requires retailers of glucose monitors to provide a free, point of sale replacement for any broken or defective monitor within twenty-four (24) hours of the request.)

H7848

2026 -- H 7848
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LC005618
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
UNFAIR SALES PRACTICES

Introduced By:
Representative Alex D. Marszalkowski

Date Introduced:
February 27, 2026

Referred To:
House Corporations
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 6-13 of the General Laws entitled "Unfair Sales Practices" is hereby
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amended by adding thereto the following section:
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6-13-22. Continuous glucose monitors.

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(a) Definition. For purposes of this section, "glucose monitor" means a device designed to
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be placed upon or into a person for the purpose of monitoring and recording blood glucose (sugar)
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levels in a person with diabetes mellitus. Said device consists of a sensory unit which monitors
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glucose levels and transmits readings to another (receiving) device. The receiving unit shows the
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user current glucose levels as well as past levels and calculates possible levels, warning user of low
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glucose levels that pose a safety risk to the individual user and also to the general public due to the
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possibility of the user becoming unconscious.
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(b) It shall be unlawful for any retailer, to sell within this state, any glucose monitors
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without having a replacement policy for glucose monitors that fail or are defective and any sensors
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thereto that provides for an immediate, point of sale replacement or replacement within twenty-
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four (24) hours at no charge to the consumer for any glucose monitors sold by the retailer.
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(c) Failure of the glucose monitor shall include the following defects:
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(1) Failure of the sensor unit to adhere to an individual due to the absence of adhesive;
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(2) Failure of the sensor to adhere upon placement of the device to the individual;
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(3) Failure of probe to enter the skin of the person and enter the subcutaneous tissue,

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rendering the device unable to function;
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(4) Failure to adhere to the individual under normal operating conditions and under normal
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daily use and activities within the intended usage time of the sensor unit; and
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(5) Failure of the device to communicate with a receiver for the following reasons:
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(i) The sensor claims to have been scanned by another receiving device and will not work
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with the intended receiver;
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(ii) The scanner prematurely stops working prior to its intended end of usage time, claiming
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it has reached its intended usage time but has not;
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(iii) The electronics malfunction thus rendering the device inoperable, including expired
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battery; and
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(iv) The receiving device fails due to electronic malfunction or the inability to be able to
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recharge the battery.
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(d) Retailers inventory. Retailers of glucose monitors shall maintain a sufficient inventory
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of the monitors or have sufficient replacement vendors to enable replacement within twenty-four
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(24) hours to any customer who has purchased a glucose monitor from the retailer. Any retailer
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unable to meet the immediate replacement request requirement shall, upon the valid request for
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replacement of a defective glucose monitor:
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(1) Obtain a replacement within twenty-four (24) hours of the request by the consumer;
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(2) Arrange for the delivery of a replacement glucose monitor to the consumer within
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twenty-four (24) hours; or
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(3) Inform and direct the customers to a location where a replacement glucose monitor may
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be obtained with the cost of the monitor being the responsibility of the retailer who sold the
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defective glucose monitor.
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(e) Notice. All retailers of glucose monitors shall display at the point of sale location a copy
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of this section of law and a sign explaining the customer's rights to a replacement glucose monitor
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pursuant to this section and the contact information for the customer protection division of the
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attorney general's office.
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(f) Reporting. Retailers affected by the provisions of this section shall annually report to
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the department of health:
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(1) The total number of glucose monitoring devices returned to their store;
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(2) The total number of glucose monitoring devices returned by the retailer to the
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manufacturers;
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(3) The number of replacement glucose monitors provided by the manufacturer; and
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(4) The total amount of time spent replacing the glucose monitors.

LC005618 - Page 2 of 4
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(g) Exemptions. The provisions of the section shall not apply to:
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(1) Any device that receives signals including, but not limited to, cell phones; and
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(2) Any damage to a glucose monitor caused by misuse or mistreatment.
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(h) Penalties. Any person who violates the provisions of this section shall be guilty of a
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misdemeanor and shall pay a fine of five hundred dollars ($500).
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SECTION 2. This act shall take effect on January 1, 2027.
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LC005618 - Page 3 of 4
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --
UNFAIR SALES PRACTICES
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This act would require retailers of glucose monitors to provide a free, point of sale
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replacement for any broken or defective monitor within twenty-four (24) hours of the request.
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This act would take effect on January 1, 2027.
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LC005618
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LC005618 - Page 4 of 4