HB 1125 – Deceptive Lead Generation
Authored by Rep. Matt Lehman (R-Berne)
Makes false, misleading or deceptive advertisements for claims related to medical devices and legend drugs and certain other actions a deceptive act and provides for enforcement mechanisms. Limits certain claims against a manufacturer or seller of legend drugs or medical devices. Limits awards of exemplary or punitive damages against a manufacturer or seller of legend drugs or medical devices.
Chamber position: Support
The latest: The bill was amended and passed the committee 11-0.
Indiana Chamber action/commentary: The bill was initiated by Chamber member Cook Group, which testified that the company got caught up in “mesh” litigation and as a result, removed from the market a very important biological device product to assist women. This bill assists in removing harmful, misleading medical device and legend drug ads that promote litigation.
The Chamber testified that it’s important to corral these misleading ads and had several members that manufacture medical device products support this legislation. Several attorneys testified that the Indiana Supreme Court had jurisdiction over the discipline of Indiana attorneys. Chairman Jerry Torr (R-Carmel) asked, “What if the bill only pertained to non-Indiana attorneys?” Several Committee members along with lobbyists – mostly all attorneys – huddled at the back of the room (something never seen in a committee hearing previously) for about 30-40 minutes to come up with a solution. When finished, Rep. Greg Steuerwald (R-Avon, an attorney) read a suggested amendment that would have excluded Indiana attorneys from the bill. Torr (a non-attorney) responded, “Isn’t that what I said 40 minutes ago?” True. The amendment was adopted.
Resource: Mike Ripley at (317) 264-6883 or email: mripley@indianachamber.com
