1. (a) It is a deceptive act for a person to engage in lead generation that is false, deceptive, or misleading.

2. (b) Deceptive acts under this chapter may include lead generation that contains the following:

   1. (1) Advertisements or other commercial communications that cause, or are likely to cause, consumers to:

      1. (A) fail to use or to discontinue the consumers' medications; or

      2. (B) remove a medical device;

         without appropriate medical advice from a person who is independent from the lead generator and any person to whom the consumer would be referred.

   2. (2) Advertisements or other commercial communications that open with sensationalized warnings or alerts that may mislead consumers to believe the consumers are watching a government sanctioned medical alert, health alert, consumer alert, or public service announcement.

   3. (3) Advertisements or other commercial communications that:

      1. (A) misrepresent the risks or benefits associated with a medical device or legend drug that is the subject of the lead generation advertisement or other commercial communication;
      2. (B) leave consumers with the false impression that the risks of the medical device or legend drug exceed the benefits; or
      3. (C) leave consumers with the false impression that the United States Food and Drug Administration has recalled a medical device or legend drug that is the subject of the advertisement or other commercial communication.

3. (c) A claim misrepresents a fact or is false if the claim is not substantiated by:

   1. (1) competent and reliable scientific or medical evidence; or
   2. (2) a final adjudication on the merits, including appeals.

As added by P.L.176-2021, SEC.1.