HB 1125 – Deceptive Lead Generation
Authored by Rep. Matt Lehman (R-Berne)
Sponsored by Sen. Liz Brown (R-Fort Wayne)

Makes false, misleading or deceptive advertisements for claims related to medical devices, legend drugs and certain other actions a deceptive act.

Chamber position: Support

The latest:  An amendment was offered which removed different mediums of advertising and now only covers advertisements that appear on television. It also removed a right of action against someone that might benefit from a deceptive act, which included an injunction and other provisions. The bill passed the Senate Judiciary Committee 8-2. The bill now moves to the Senate floor for second reading.

Indiana Chamber action/commentary: The bill has changed considerably from its original draft. Had these changes not been made, there were not enough votes to pass the committee.

Previously, the Chamber testified that this legislation does not impact legitimate lead generation nor prohibit anyone who has a specific claim against a faulty product. The bill was initiated by Cook Group, a Chamber member. Cook Group testified that its company got caught up in litigation resulting from these types of ads and as a result removed a very important biological device product from the marketplace.

With the bill’s current language, it is expected to pass the Senate.


Quick Hit: Committee Debates House COVID-19 Protection Legislation

House Bill 1002 (Civil Immunity Related to COVID-19), authored by Rep. Jerry Torr (R-Carmel), would add additional protections for health care providers that were not included in the companion SB 1, which has already been signed into law by the Governor. During this week’s Senate Judiciary Committee meeting, emergency medical service provider protections were amended into the bill. Another amendment included a provision prohibiting class action lawsuits involving postsecondary education institutions and physicians. There was a contentious and lengthy debate between several who testified as to whether this bill went beyond applying only to COVID. On numerous occasions, Sen. Greg Taylor (D-Indianapolis) expressed those same concerns. Senator Liz Brown (R-Fort Wayne) held the bill to make certain that any amendments were in good shape and addressed the concerns mentioned. Look for an amend and vote next week.

Resource: Mike Ripley at (317) 264-6883 or email: mripley@indianachamber.com