Louisiana § RS 51:3251 - Advertisements; unfair or deceptive acts or practices

§ RS 51:3251. Advertisements; unfair or deceptive acts or practices

            A. For the purposes of this Section, the following terms apply:

            (1) "Advertisement" means any communication through a media entity for mass distribution of information.

            (2) "Media entity" means a radio broadcast station, television broadcast station, cable television company, newspaper company, periodical company, billboard company, advertisement agency, media platform, or bona fide news or public interest website operator.

            B. An advertisement shall not be deceptive or misleading and shall not do any of the following:

            (1)(a) Be presented as a medical alert, health alert, drug alert, public service announcement, or a 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.

            (b) The provisions of this Paragraph shall not apply to an advertisement that offers professional, medical, or government agency advice about any medication or medical device if the person responsible for the advertisement is authorized by law to offer the advice in an advertisement.

            (2) Display 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) Use the term "recall" when referring to a product that has not been recalled in accordance with an applicable state or federal regulation.

            C.(1) An advertisement that references a prescription drug or medical device approved by the United States Food and Drug Administration shall state both of the following:

            (a) The identity of the sponsor of the advertisement.

            (b) That the drug or medical device is approved by the United States Food and Drug Administration, unless the drug or medical device has been recalled in accordance with an applicable state or federal regulation.

            (2) An advertisement referencing a prescription drug approved by the United States Food and Drug Administration shall include the following statement or a substantially similar statement: "Consult your physician before making decisions regarding prescribed medication or medical treatment."

            D. The statements required to appear in an advertisement pursuant to this Section shall be made in written and verbal formats, except as follows:

            (1) If the statements appear in an advertisement that is in print format only, including but not limited to a newspaper or other periodical advertisement, the statements shall be in writing.

            (2) If the statements appear in an advertisement that is in audible format only, including but not limited to a radio advertisement, the statements shall be made verbally.

            E.(1)(a) A written statement to appear in an advertisement pursuant to this Section shall be presented clearly, conspicuously, and for a sufficient length of time for a reasonable viewer to see and read the statement.

            (b) A court may determine that a written statement in an advertisement is in compliance with the provisions of this Section if the statement is printed in the same size and style of font and for the same duration as other printed information in the advertisement.

            (2)(a) A verbal statement required to appear in an advertisement pursuant to this Section shall be audible, intelligible, and presented with equal prominence as the other parts of the advertisement.

            (b) A court may determine that a verbal statement in an advertisement is in compliance with the provisions of this Section if the 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 other than the information required by this Section.

            F. A violation of this Section shall be a deceptive and unfair trade practice and shall subject the violator to all penalties provided for in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.

            G.(1) The provisions of this Section shall not apply to any media entity responsible for the production or publication of any advertisement found to be in violation of this Section.

            (2) The carriage, distribution, transmission, or display of any advertisement by a media entity shall not be considered a violation of this Section.

            H. The provisions of this Chapter shall not apply to any member of a profession if the regulation of that profession has been granted to a governmental entity pursuant to Article V, Section 5 of the Constitution of Louisiana.

            Acts 2022, No. 700, §1.