A legal reform advocate is hopeful that Gov. John Bel Edward will approve a bill that reins in trial lawyer advertising based on the overwhelming support it received in the legislature.
As previously reported, Senate Bill (SB) 43 passed both chambers earlier this month.
“This legislation does not regulate attorneys – only these specific advertisements,” said Lana Venable, executive director of Louisiana Lawsuit Abuse Watch (LLAW).
Introduced by Sen. Barrow Peacock (R-Bossier), the bill will require that legal services ads on television 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.
“SB 43 provides protection for consumers who, because of misleading advertising, may feel compelled to take actions regarding their medical treatment without first consulting their health care providers,” Venable told the Louisiana Record.
Some $12 million was spent on TV, radio and outdoor legal advertising in Louisiana during the fourth quarter of 2020 alone, according to an American Tort Reform Association study.
“This excessive advertising, typically by non-attorney marketing firms, has actually scared patients out of taking their prescription medications and/or using medical devices as prescribed,” Venable said.
Patients are reportedly 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.
“While this legislation does not apply specifically to advertising by trial lawyers, this is an ongoing concern,” Venable said.
A 2019 FDA study found 66 reports of adverse events following patients who discontinued blood thinner medication, such as Pradaxa, Xarelto, Eliquis, and Savaysa, 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.
“SB 43 by Sen. Peacock reins in the potentially significant health effects of misleading advertising aimed at soliciting parties for class action lawsuits,” Venable added.
The bill includes provisions that protect attorneys who comply with the requirement of having 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, as specified in the legislation,” Venable said.
As of June 17, Gov. Edwards had signed some 79 bills into law from the 2021 legislative session but SB 43 was not among them, according to a notice posted online.
A Democrat, Gov. Edwards worked as a trial lawyer with the Edwards & Associates Law Firm in Amite, La. before being elected governor.
“Sen. Peacock has negotiated on several issues that are reflected in the adopted amendments while the original intent of the legislation has been strictly maintained,” Venable said.