RÉSUMÉ DIGEST
ACT 700 (SB 378) 2022 Regular Session Peacock
New law prohibits deceptive or misleading advertisements and provides that an
advertisement shall not do any of the following:
(1) Be presented as a medical alert, health alert, drug alert, public service announcement,
or substantially similar phrase that suggests to a reasonable viewer the advertisement
is offering professional, medical, or government agency advice about any medication
or medical device. New 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) Display the logo of a federal or state government agency in a manner that suggests
to a reasonable viewer 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) Use the term "recall" when referring to a product that has not been recalled in
accordance with applicable state or federal regulation.
New law provides that an advertisement that references a prescription drug or medical device
approved by the FDA shall 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.
New law requires an advertisement that references an FDA approved prescription drug
include the following statement or a substantially similar statement: "Consult your physician
before making decisions regarding prescribed medication or medical treatment."
New 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.
New law provides that a written statement to appear in an advertisement shall be presented
clearly, conspicuously, and for a sufficient length of time for a reasonable viewer to see and
read the statement.
New law provides that a verbal statement required to appear in an advertisement shall be
audible, intelligible, and presented with equal prominence as the other parts of the
advertisement.
New law provides that a court may find a statement is in compliance with proposed law if:
(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, excluding any statement required by new law.
A violation of new law shall be a deceptive and unfair trade practice and the violator shall
be subject to all penalties provided for in the Unfair Trade Practices and Consumer
Protection Law.
New law does not apply to any media entity responsible for the production or publication of
any advertisement found to be in violation of new law. Further provides that the carriage,
distribution, transmission, or display of any advertisement by a media entity shall not be
considered a violation of new law.
New law does not apply to any member of a profession regulated by the Louisiana Supreme
Court.
Effective August 1, 2022.
(Adds R.S. 51:3221)