4th Cir. Reinstates W. Va. Law Barring Misleading Statements in Legal Advertisements

BALTIMORE — A West Virginia law that prevents attorneys from presenting misleading information about prescription drugs and medical devices in advertisements does not violate the 1st Amendment of the U.S. Constitution, a federal appeals court has ruled.

On April 28, the 4th Circuit U.S. Court of Appeals found the Act survives constitutional scrutiny because “West Virginia has substantial interests in protecting public health and in preventing deception, and the Act advances these interests in a narrowly tailored and reasonable way.”

West Virginia, in March 2020, passed the Prevention of Deceptive Lawsuit Advertising and Solicitation Practices Regarding the Use of Medications …