RDCSB378 3264 4930
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 378 Reengrossed 2022 Regular Session Peacock
Proposed law prohibits deceptive or misleading advertisements and presentations of
advertisements as follows:
(1)Being presented as a medical alert, health alert, drug alert, public service
announcement, or substantially similar phrase that suggests to a reasonable viewer
that the advertisement is offering professional, medical, or government agency
advice about any medication or medical device. Proposed law does not apply to any
advertisement by a person who is authorized by law to offer professional, medical,
or government advice about any medication or medical device in an advertisement.
(2)Displaying the logo of a federal or state government agency in a manner that
suggests to a reasonable viewer that the advertisement is presented by a federal or
state government agency or by an entity approved by or affiliated with a federal or
state government agency.
(3)Using the term "recall" when referring to a product that has not been recalled in
accordance with an applicable state or federal regulation.
Proposed law requires an advertisement that references a prescription drug or medical device
approved by the Food and Drug Administration (FDA) to state the identity of the
advertisement's sponsor and that the drug or medical device is FDA approved, unless the
drug or medical device has been recalled in accordance with state or federal law.
Proposed law requires an advertisement that references an FDA approved prescription drug
to include the following statement or a substantially similar statement: "Consult your
physician before making decisions regarding prescribed medication or medical treatment."
Proposed law provides that the required disclosures be made in written and verbal formats,
except if the statements appear in an advertisement that is in print format only or audible
format only.
Proposed law requires a written statement appearing in an advertisement to be presented
clearly, conspicuously, and for a sufficient length of time for a reasonable viewer to see and
read the statement.
Proposed law requires a verbal statement appearing in an advertisement to be audible,
intelligible, and presented with equal prominence as the other parts of the advertisement.
Proposed law provides that a court may find a statement of advertisement to be in
compliance with proposed law if such statement meets either of the following criteria:
(1)The written statement is printed in the same size and style of font and for the same
duration as other printed information in the advertisement.
(2)The verbal statement is made at approximately the same volume and uses
approximately the same number of words per minute as the voice-over of longest
duration in the advertisement.
Proposed law provides that a violation of proposed law is a deceptive and unfair trade
practice and subjects the violator to all penalties provided for in the Unfair Trade Practices
and Consumer Protection Law (R.S. 51:1401 et seq.) RDCSB378 3264 4930
Proposed law does not apply to any media entity responsible for the production or
publication of any advertisement found to be in violation of proposed law. Further provides
that the carriage, distribution, transmission, or display of any advertisement by a media
entity is not considered a violation of proposed law.
Proposed law does not apply to any member of a profession regulated by the La. Supreme
Court.
(Adds R.S. 51:3221)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Exempts from proposed law the regulation of any member of a profession if
the regulation of that profession has been granted to a governmental entity
by the Louisiana Constitution.
Senate Floor Amendments to engrossed bill
1. Exempts from proposed law those professions regulated by the Supreme
Court.
2. Makes a technical amendment.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the
reengrossed bill:
1. Make technical changes.