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IN HB1378
Bill
Status
1/16/2018
Primary Sponsor
John Bartlett
Click for details
AI Summary
HB 1378 Summary
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Prohibits any person from engaging in direct-to-consumer advertising of pharmaceutical products or medical devices directed toward patients rather than healthcare professionals, effective July 1, 2018.
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Authorizes the attorney general to issue cease and desist orders, bring civil actions for injunctions and compliance, and impose administrative civil penalties up to $10,000 per violation, with all collected penalties transferred to the state general fund.
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Allows the attorney general to seek permanent injunctions, temporary injunctions, restraining orders, receiverships, and court-ordered rescission, restitution, or disgorgement of assets from violators.
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Provides consumers with a private right of action to recover actual damages or $1,000 (whichever is greater), with courts able to increase damages up to three times actual damages or $3,000, plus reasonable attorney's fees.
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Permits class actions by affected consumers under Indiana Rules of Trial Procedure, with unclaimed recovery funds returned to the abandoned property fund after one year.
Legislative Description
Direct to consumer advertising. Provides that a person may not engage in direct to consumer advertising. Specifies the enforcement powers of the attorney general with respect to a person who engages in direct to consumer advertising. Provides for a private cause of action for a consumer affected by direct to consumer advertising. Provides that the maximum amount of a civil penalty that may be imposed upon a person who engages in direct to consumer advertising is $10,000.
Last Action
First reading: referred to Committee on Public Health
1/16/2018