A Louisiana law firm has filed a class action lawsuit against CVS after the company sent a mass text message to residents advocating against a bill under consideration during the legislative session.
Boyer, Hebert, & Angelle LLC along with Broussard, David & Moroux filed the class action lawsuit against CVS Caremark.
The firms are asking anyone who received the text message or email to keep their messages, and encouraged residents to fill out a form to join the class action lawsuit.
CVS issued the following statement regarding the class-action lawsuit:
“Louisiana’s HB 358 came together Wednesday with no public hearing. We believe we had a responsibility to inform our customers of misguided legislation that sought to shutter their trusted pharmacy, and we acted accordingly. Our communication with our customers, patients and members of our community was consistent with law.
“Our focus remains on serving the people of Louisiana: lowering drug costs, providing access to care, and helping improve health. We look forward to working productively with policymakers to continue to make prescription drugs more affordable and accessible and to promote the value of community pharmacy.”
Many Louisiana residents received alarming text messages from CVS pharmacy providers ahead of the end of the legislative session. The texts urgently ask residents to contact their lawmakers, claiming a bill in the session threatens their access to pharmacies and medications.
Louisiana Attorney General Liz Murrill issued a cease-and-desist to the pharmacy giant.
The letter alleges CVS violated state law and threatens “legal action to protect the personal information of its citizens.”
CVS sent a message to customers warning that, “last minute legislation in Louisiana threatens to close your CVS pharmacy. Your medication cost may go up and your pharmacist may lose their job,” urging customers to express their concerns.
House Bill 358 in Louisiana, which seeks to allow licensed pharmacists to dispense medication outside of traditional pharmacy settings, is facing backlash due to a provision affecting pharmacy ownership.
The bill would prohibit Pharmacy Benefit Managers, also known as PBMs, from owning and operating pharmacies in the state. CVS is considered a PBM.
A PBM is considered a “go-between” between pharmacies and wholesalers, negotiating drug prices as well as which medications an insurer will cover.
The bill aimed to help protect locally owned pharmacies as well as residents’ prescription drug savings.
CVS argues that this move would force pharmacies across the state to close, possibly leaving people without their medications.
The main issue with the bill, that did not pass before the session ended, is not the free roaming of pharmacists, but a new provision stating that pharmacies will not be granted permits if they are fully or partially owned by a pharmacy benefit manager or subsidiary.
This could impact drug markup percentages.
It remains unclear who would be authorized to dispense medications under the new rules.
Gov. Jeff Landry issued a statement saying the text from CVS was the reason why the bill needed to pass, and has even considered a special session over the issue.
His statement read:
“CVS Pharmacy’s mass text message yesterday is the exact reason we need HB 358 to pass. Abusing patient’s sensitive information to push a political message is completely unethical and manipulative and we will not stand for it.
“I’m calling on Attorney General Liz Murrill to investigate this matter immediately.”
Louisiana Attorney General Liz Murrill issued a statement saying she will investigate whether the text messages about the bill was appropriate:
Donald Trump Jr. is also advocating for Louisiana to pass the bill.
READ MORE:Louisiana law firms file class action lawsuit over widespread CVS texts
