A Florida Senate bill would place new restrictions on certain attorney advertisements that critics say can encourage consumers to discontinue their medications and cause lawyers to pocket higher contingency fees.
SB 1246, authored by Sen. Clay Yarborough (R-Jacksonville), would regulate legal ads that solicit clients for the filing of personal-injury lawsuits against drug makers. The bill would bar advertisements that offer professional medical advice or create the impression that the advice comes from a public agency.
This week, SB 1246 unanimously passed the Senate Commerce and Tourism Committee on a vote of 9-0. That action followed a March 29 vote in the Senate Judiciary Committee, which passed the measure 10-0.
Tom Gaitens, the executive director of Florida Citizens Against Lawsuit Abuse, said the measure was needed to stem the flow of trial-attorney money that’s being used to purchase deceptive ads.
“The more clients they can attract from these ads leads to more settlements when they go after the pharmaceutical companies and medical corporations,” Gaitens told the Florida Record in an email. “The client enrollment from these misleading ads, leading to larger contingency fees, is exactly why this regulation (SB 1246) is necessary.”
Such “over-the-top ads” pose risks to unsuspecting consumers, he said.
“Consumers see these flashy ads about lethal effects of medications or major side-effects and, as a result, often stop taking their medications without consulting their practitioner,” Gaitens said. “This can be devastating to the patient and may also lead to litigation which otherwise could have been avoided had they consulted with their caregiver.”
An analysis of the bill by the state Legislature noted that a 2017 survey by the U.S. Chamber Institute for Legal Reform (ILR) found that nearly 50% of respondents said they would likely stop taking prescribed drugs after seeing the kinds of ads the measure targets.
SB1246 would require legal ads soliciting clients who want to allege an injury from a prescription drug or medical device to have a disclaimer advising viewers or readers to consult with their physicians before making decisions about their medications.
(Editor's note: The Florida Record is owned by the U.S. Chamber).