SB 1505 - This act provides that advertisements for legal services shall be an unlawful merchandising practice if the advertisement: (1) Fails to disclose that such advertisement is a paid advertisement;
(2) Presents the advertisement as a medical alert, health alert, drug alert, or public service announcement or suggests to a reasonable viewer that the advertisement is offering professional, medical, or government advice rather than legal services;
(3) Displays the logo of a state or federal governmental entity in a manner that suggests affiliation or endorsement;
(4) Uses the term "recall" when referring to a product that has not been recalled;
(5) Fails to identify the person responsible for the advertisement; or
(6) Fails to identify the attorney or the law firm that will be primarily responsible for providing the legal services or fails to indicate how a responding consumer's case will be referred to an attorney or a law firm if the advertisement is not sponsored by a person to licensed attorney.
Additionally, this act provides that it is an unlawful merchandising practice to issue an advertisement for legal services with false, deceptive, or misleading information that is likely to cause a viewer to fail to use or discontinue use of a medication or medical device or to not seek beneficial medical treatment. This act also provides that it shall be an unlawful merchandising practice to use, cause to be used, obtain, sell, transfer, or disclose an individual's protected health information to another person or entity for the purpose of soliciting an individual for legal services without written authorization from that individual.
Any advertisement for legal services to solicit clients in connection with a drug or device that is approved by the United States Food and Drug Administration ("FDA") shall include a statement that the drug or device remains approved by the FDA unless it has been recalled or is otherwise no longer approved by the FDA and an advertisement in connection with a prescription drug approved by the FDA shall include the following statement: "Do not stop taking a prescribed medication without first consulting a physician." Furthermore, this act provides that claims regarding the risks of a drug or device shall be substantiated by scientific evidence as described in the act.
The person issuing an advertisement for legal services is solely responsible for ensuring that such advertisement complies with this act.
Additionally, this act shall not apply to media entities that disseminates another person's advertisements nor shall it apply to the use or disclosure of protected health information to an individual's attorney in the course of a judicial or administrative proceeding. Lastly, this act does not limit or affect the authority of the Supreme Court of Missouri to regulate the practice of law, enforce the Missouri Supreme Court Rules of Professional Conduct, or otherwise discipline any person admitted to practice law in Missouri.
KATIE O'BRIEN