A bill that reins in trial lawyer advertising passed the House yesterday with a two-thirds bi-partisan majority, 70-to-30, in favor of Senate Bill 43.
“It’s a really strong message that the governor's getting that the state really wants to see this type of consumer protection bill enacted into law,” said Lauren Chauvin, director of civil justice reform with the Louisiana Association of Business and Industry (LABI).
SB 43 will establish requirements for disclosure in lawyer advertising.
“We want to make sure that people who are on medicines or using medical devices are being protected and don't get off of their medicine, not by the advice of their doctors, but from watching a commercial on the TV placed by a trial lawyer,” Chauvin told the Louisiana Record.
A 2019 FDA study found 66 reports of adverse events following patients who discontinued blood thinner medication after viewing TV advertisements. Only 2% of those who stopped taking their medication actually spoke to their medical professional, 33 patients experienced a stroke, 24 patients experienced other serious injuries, and seven people died. The median patient age in the study was 70 years old.
“The amendment was proposed by the House, read and concurred in by the Senate 34-to-1 today,” Chauvin said. “They came up with some language that clarified that a citizen can bring this type of enforcement action and so, now the governor needs to sign it.”
Gov. John Bel Edwards, a Democrat, worked as a trial lawyer with the Edwards & Associates Law Firm in Amite, La. before being elected governor.
“We've seen him sign some legal reforms in the past,” Chauvin said. “He is a trial lawyer by trade and he's had a lot of support by them. I think the fact that this bill passed with such a high majority on both sides is a really good sign for the bill but I think only time will tell.”
Introduced by Sen. Barrow Peacock (R-37), the bill will require that legal services ads include a verbal and printed statement: “Consult your physician before making decisions regarding prescribed medication or medical treatment" for a prescription drug or medical device approved by the FDA.
"The trial bar and the Louisiana Association for Justice were my most vocal opponents because they interpreted the bill as an attack on lawyer advertising in Louisiana," Peacock told the Louisiana Record. "I authored SB 43 to protect consumers by limiting misleading advertising practices and solicitations for legal services. This legislation does not regulate attorneys –- only advertisements specifically soliciting people to allege an injury from an FDA-approved prescription drug or medical device.”
As previously reported, people are calling the phone numbers promoted in TV commercials and divulging their health information because they think they are calling the government based on a logo.
"Every Louisiana citizen with a television is aware of the overwhelming number of legal advertisements on air," Peacock said. "What many may not realize is that out-of-state marketing firms, known as aggregators, masquerading as law firms also spend exorbitantly on advertising. These marketers often solicit sensitive health information in an effort to recruit new clients for class-action lawsuits. Aggregators sell this personal information to law firms and, unlike attorneys, are not bound by federal patient protection regulations or attorney-client privilege. This means that consumers may unknowingly provide sensitive personal health information they believe will be kept private."
Peacock added that SB 43 has a safe harbor for lawyers who comply with the requirement to have their advertisements reviewed by the Louisiana State Bar Association. If the advertisement is reviewed as required, the lawyer cannot be pursued under the Unfair Trade Practices Act.