§ 24-5-26.5-9 — Deceptive act

Indiana § 24-5-26.5-9

• Jurisdiction: Indiana
• Art. 5: CONSUMER SALES
• Ch. 26.5: Deceptive Lead Generation

Text

(a) It is a deceptive act for a person to engage
in lead generation that is false, deceptive, or misleading.
(b) Deceptive acts under this chapter may include lead generation
that contains the following:
(1) Advertisements or other commercial communications that
cause, or are likely to cause, consumers to:
(A) fail to use or to discontinue the consumers' medications; or
(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) 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) Advertisements or other commercial communications that:
(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;
(B) leave consumers with the false impression that the risks of
the medical device or legend drug exceed the benefits; or
(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.
(c) A claim misrepresents a fact or is false if the claim is not
substantiated by:
(1) competent and reliable scientific or medical evidence; or
(2) a final adjudication on the merits, including appeals.

Legislative History

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