Louisiana Lawsuit Abuse Watch (LLAW) is urging Gov. John Bel Edwards to sign two bills passed by the state Legislature this year that aim to restrict deceptive legal advertising.
State Sen. Barrow Peacock (R-Shreveport) authored both SB 378 and SB 383. The former would bar ads that have the appearance of a “medical alert” or public service announcement that purport to offer medical advice about a medication or medical device. And SB 383 mandates that any ads for legal services that include a reference to past successes must include something to the effect that “past results are not an indication of future success.”
“We have been closely monitoring Sen. Peacock’s bills addressing misleading advertising … which made it all the way through the legislative process and currently await the governor’s signature,” Lana Venable, LLAW’s executive director, told the Louisiana Record in an email. “We hope that Gov. Edwards will sign both SB 378 and SB 383 addressing the impact of misleading advertising on Louisiana consumers.”
LLAW is a nonpartisan, nonprofit group that advocates for civil justice reform in Louisiana, arguing that excessive or abusive litigation leads to burdensome economic costs..
Deceptive advertisements of the kind addressed by SB 378 have been shown to cause harm to consumers, according to Venable.
“Such advertisements would not be banned but would be required to include a verbal and printed statement (saying) ‘Consult your physician before making decisions regarding prescribed medication or medical treatment.’” she said.
This statement is needed because patients who stop taking their prescribed medications without talking to their health care providers could subject themselves to injury or death, Venable said.
“SB 383 is important consumer-protection legislation that would codify the limitations placed on attorney advertising in a 2011 U.S. Fifth Circuit Court of Appeals case,” she said. “This ruling held that lawyer advertising that is potentially misleading but can be presented in a way that is not deceptive can be regulated under certain conditions.”
Under SB 383’s provisions, legal services ads that use an actor or simulation of an actual event must also include a disclaimer, and the bill requires the state attorney general to represent the interest of the state if the constitutionality of the bill is challenged in the future.