A first-of-its-kind law was adopted last week in Tennessee that seeks to prevent lawyers from running deceptive ads as they go about soliciting consumers who may have been harmed by a prescription medicine or medical device.
The law, which takes effect in July, does not prohibit such advertising altogether, but does ban ads that contain language suggesting they are medical warnings or health alerts, or fail to disclose information stating the ad was paid for by a lawyer, among other things. Ads are also not allowed to display the logo of a government agency, such as the Food and Drug Administration.
The law also requires ads to state that consumers should not stop taking a prescribed medicine before consulting their doctor without risking injury or death. And unless a product was recalled, the ad must note the product remains approved by the FDA. Although a similar bill died in Kentucky earlier this year and another is stalled in Florida, the Texas Senate last week endorsed legislation.
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