Jon Styf  |  February 1, 2024

Category: Legal News
Close up of a woman sleeping while wearing a CPAP mask, representing Philips CPAP and BiPAP machines.
(Photo Credit: Ines Nepo/Shutterstock)

Philips CPAP overview: 

  • Who: Philips agreed to stop selling its CPAP and BiPAP machines in the United States while it works to comply with a consent decree with the Department of Justice and Food and Drug Administration. 
  • Why: Philips faces allegations of defective foam in its CPAP, BiPAP and other respiratory devices that exposed patients to dangerous chemicals.
  • Where: The announcement affects U.S. Philips customers.

Philips agreed to stop selling its CPAP and BiPAP machines in the United States while it works to comply with a consent decree with the Department of Justice and Food and Drug Administration.

In December, the company agreed to a $494 million class action lawsuit settlement to resolve claims it included defective foam in its CPAP, BiPAP and other respiratory devices it recalled in June 2021. The foam allegedly exposed patients to dangerous chemicals.

Philips will continue to sell new CPAP and BiPAP devices outside of the United States but only service existing devices and supply accessories, consumables and replacement parts within the United States, according to the consent decree, the company says in its Fourth Quarter and Annual Results 2023.

“Until the relevant requirements of the consent decree are met, Philips Respironics will not sell new CPAP or BiPAP sleep therapy devices or other respiratory care devices in the U.S.,” Philips says in the document.

Philips spent €363M on remediation in fourth quarter of 2023

Philips says that more information about the consent decree will become available when it’s approved by the court.

The company divulged its multiyear plan included  €363 million euro in the fourth quarter of 2023 for remediation, inventory write-downs and contract provisions. 

“In 2024, Philips expects around 100 basis points of costs that relate to remediation activities and disgorgement payments for Philips Respironics sales in the U.S.,” the company says in the results report.

Philips shares were down 8.3% in the hours after the company announced the decision, Reuters writes, quoting ING analyst Marc Hesselink as calling it “very punitive.”

“We believe it will be very difficult for Philips to recover its U.S. Respironics market position,” Hesselink tells Reuters.

However, Philips Chief Operating Officer Roy Jakobs says he is confident about the company’s future. 

“Based on our ongoing actions to enhance execution, we expect further performance improvement in 2024,” Jakobs says in the results report.

Do you have a Philips CPAP or Philips BiPAP device? Let us know in the comments.


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14 thoughts onPhilips stops sale of CPAP, BiPAP machines amid FDA investigation

  1. LISA HAWKINS says:

    Please add me

    1. Lawrence LaMarr says:

      I have a Philips CPAP

  2. Quentella L Ray says:

    My husband was given a Phillips CPAP machine using it since 2009. He uses Resmed now. How do we know if he had the machine in the lawsuit & what is the next step.

  3. Michael Smith says:

    I have CPAs for about 24 years , Two are Philips CPAs. Yes I am not doing good!

  4. Adrienne says:

    I sent in the 1st CPAP for the new one. Was issued it by the military. Cannot use the new one either and reported it to the VA.

  5. Bradley Damm says:

    How can I found out if my Phillip cpap or bipap was one infected. I am now on resmed. I have on one have the Phillip for awhile. Please help me with any information if you can.

  6. Lynn Stokes says:

    Yes I have the second CPAP machine they sent me, this on doesn’t seem like it doesn’t have enough pressure to it and the other one was the same, I still wake up in the middle of the night choking but their is nothing I can do about it. I hate the magnets that they started using on them, sometimes my magnets come off at night but I guess it is what it is. I need the machine to help me breathe at night, or I wouldn’t be here.

  7. Sandra Burns says:

    My husband has been on a Phillips Bipap for over 14 years.

  8. Ryan banaska says:

    Yes we have one as well

  9. Kristin K says:

    Yes I have a Philips CPAP as well. They sent me a different part and I changed it out but I still don’t completely trust it. It runs out of water overnight sometimes. The thing that is supposed to keep me asleep wakes me up because they changed the size of the reservoir to 8 ounces instead of 11 ounces like other companies have. Please count me in!

  10. Tina M Payne says:

    Yes I have a Phillips cap, and I would like to see what to do about it

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