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4th Circuit upholds restrictions on lawyer ads seeking drug and device clients

A federal appeals court has upheld West Virginia’s restrictions on lawyer advertising that seeks clients for litigation involving medication and medical devices.

The 4th U.S. Circuit Court of Appeals at Richmond, Virginia, said the disclosure regulations impose “relatively benign burdens on attorneys” that do not violate their First Amendment right to free speech.

Similarly, prohibitions banning certain terms and images are constitutional because they target misleading speech related to West Virginia’s “substantial interests in protecting public health and in preventing deception,” the appeals court said.

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