American Tort Reform Association says misleading lawsuit ads risk public health

The American Tort Reform Association (ATRA) has highlighted the potential public health risks associated with misleading pharmaceutical lawsuit advertisements. In a recent press release, ATRA linked these ads to patients abandoning life-saving treatments and developing false perceptions about drug safety.

According to a report from the U.S. Food & Drug Administration (FDA), doctors reported 61 cases where patients discontinued prescribed anticoagulant therapy after viewing such advertisements, resulting in six deaths and other adverse events. These incidents suggest that patients acted on misleading information without consulting their physicians, thereby endangering their health. ATRA uses these statistics to argue that unregulated advertisements can directly harm patient well-being.

As documented in ATRA’s Legal Services Advertising Report for 2017–2024, over $2.5 billion was spent on nearly 26.9 million legal services advertisements across the United States in 2024 alone. Much of this expenditure is directed towards dramatic pharmaceutical-related ads that focus on risk and fear, often lacking context regarding benefits or medical advice. The association points to this as evidence of a growing industry fueled by misleading advertising practices.

The Federal Trade Commission (FTC) has identified certain television lawsuit ads as potentially deceptive, noting that some create the impression that a drug has been recalled or that the FDA endorses the advertisement. In one disclosure, FTC staff warned that such ads might misrepresent treatment risks and give false impressions of regulatory endorsement, thus misleading patients. ATRA cites this as confirmation that even regulatory bodies acknowledge the deceptive potential of lawsuit advertising.

The American Tort Reform Association is a nonprofit organization based in Washington, D.C., focused on promoting reforms within the U.S. civil justice system and addressing abusive litigation tactics. According to its website, ATRA engages in research, legislative advocacy, and public education concerning issues like legal advertising, litigation reform, and tort limits. The organization is also known for publishing analyses such as its Legal Services Advertising Report and the annual Judicial Hellholes ranking.