(a) A person shall not do any of the following in a legal advertisement:
Terms Used In Tennessee Code 47-18-3002
Legal advertisement: means a solicitation of legal services through television. See Tennessee Code 47-18-3001
Person: means an individual or legal entity that advertises legal services or that identifies potential clients for attorneys or law firms. See Tennessee Code 47-18-3001
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Fail to disclose at the beginning of any recorded advertisement or display in a conspicuous location on any printed or electronic written legal advertisement that the legal advertisement is a paid advertisement for legal services;(2) Present a legal advertisement as a “medical alert,” “health alert,” “consumer alert,” “public service announcement,” or other similar language;(3) Display the logo of a federal or state government agency in a manner that suggests an affiliation with or the sponsorship by that agency;(4) Use the word “recall” to refer to a product that has not been recalled by a government agency or through an agreement between a manufacturer and government agency;(5) Fail to identify the person responsible for the legal advertisement; or(6) Fail to identify the attorney or law firm that will represent clients, or to disclose that cases may be referred to another attorney or law firm to represent clients if the sponsor of the legal advertisement does not represent persons responding to the legal advertisement.(b) A person shall not use a legal advertisement to solicit clients who may allege an injury from a prescription drug or medical device approved, cleared, or the subject of a drug monograph authorized by the United States food and drug administration unless the legal advertisement also includes the information required in this section.(c) A legal advertisement soliciting clients who may allege an injury from a prescription drug approved, cleared, or the subject of a drug monograph authorized by the United States food and drug administration must:
(1) Include the following warning: “Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor’s advice can result in injury or death.”; and(2) Disclose that the drug or medical device remains approved by the United States food and drug administration, unless the product has been recalled by a government agency or through an agreement between a manufacturer and government agency.
