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Legislative Update

Deceptive lead generation

February 12, 2021 Filed Under: Civil

The House Judiciary Committee heard HB 1125 on deceptive lead generation authored by Rep. Lehman.  The bill 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.  The bill limits certain claims against a manufacturer or seller of legend drugs or medical devices. The bill also limits awards of exemplary or punitive damages against a manufacturer or seller of legend drugs or medical devices.
The Committee amended the bill by consent to add definitions of “manufactures”.  The Indiana State Bar Association Ethics Committee offered neutral testimony.  The Cook Group/Cook Medical, the Insurance Industry of Indiana, and the Indiana Chamber of Commerce testified in support of the bill.  The Indy Bar Association and Indiana Trial Lawyers Association testified in opposition to the bill.  The amended bill passed 11-0.
Read the bill at:  http://iga.in.gov/legislative/2021/bills/house/1125

Filed Under: Civil Tagged With: cause of action, damages

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