State Crackdown on Misleading Ads for Drug Prosecutions Welcome

By Victor Schwartz and Cary Silverman (June 10, 2022, 3:32 p.m. EDT) — Every year, personal injury law firms and marketing companies that specialize in lead generation spend millions of dollars to thousands of ads on TV, social media and websites. targeting prescription drugs and medical devices. The purpose of these advertisements is to recruit clients for mass tort lawsuits.

But some of these ads mislead and even endanger viewers by suggesting that they convey objective or government-approved medical information. In response, five states have passed legislation to combat common deceptive practices in open court and protect public health in the past three years.

These efforts should be applauded. And with the recent rejection by a federal appeals court of a First Amendment challenge to…

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