In Baton Rouge, Louisiana’s Attorney General, Liz Murrill, announced an investigation into CVS Health Corporation regarding the potential misuse of customer data for lobbying purposes against a piece of proposed state legislation. The concern revolves around text messages sent by CVS, as lawmakers considered a bill that ultimately did not pass.
The message, as seen in screenshots shared during legislative debates, warned that the proposed bill could force CVS pharmacies to close, increase medication costs, and result in job losses for pharmacists. Specifically, this legislation aimed to prohibit companies from simultaneously maintaining ownership of pharmacy benefit managers (PBMs) and drug stores.
CVS, which owns both retail pharmacies and CVS Caremark, one of the country’s leading PBMs, was implicated. PBMs serve as intermediaries, negotiating drug prices with manufacturers and dictating distribution terms. The Federal Trade Commission has previously expressed concern that such entities might inflate drug prices and financially strain smaller, independent pharmacies.
CVS’s texts included links to draft letters opposing the legislation, which users could send to lawmakers, emphasizing that the bill could disrupt medication delivery and access for patients with serious health conditions like organ transplants or cancer. State Representative Dixon McMakin criticized these messages as misleading, claiming CVS’s communication suggested legislative efforts threatened to shutter every CVS in the state, a notion he vehemently disputed.
Republican Representative Bryan Fontenot revealed he received one of these texts from CVS, highlighting that it was sent through the same channel used for prescription notifications, demonstrating how CVS was possibly leveraging customer contact details for political objectives rather than purely pharmaceutical communications. Steve Murrill stated CVS sent these texts to a large number of state employees and their families to advocate against legislation affecting their PBM operations.
CVS spokesperson Amy Thibault responded by explaining that the texts resulted from a last-minute legislative amendment enacted without public scrutiny, asserting that they felt a duty to inform customers about the misunderstood bill. However, Murrill noted that individuals had shared contact information with CVS solely for health-related purposes, not as a means to be subjected to political messaging.
Meanwhile, Louisiana Governor Jeff Landry expressed strong support for the bill, citing its potential to support independent pharmacies and lower prescription costs. Despite achieving significant approval in the House, with an 88-4 vote, the Senate did not consider it before adjourning. Mandie Landry, a Democratic Representative, remarked on the impact of CVS’s lobbying efforts on constituents worried about their medication access.
Undaunted by the legislative setback, Governor Landry announced intentions to convene a special session with the aim of reintroducing similar measures to reduce drug costs for state residents, emphasizing the critical nature of this legislation.