CCL filed a challenge to a new West Virginia law, due to go into effect on June 5, alleging that the statute violates the First and Fourteenth Amendments. The statute limits lawyer advertising concerning defective drugs and medical devices by restricting use of the word "recall" in any communication in any medium that solicits clients. It also contains prohibitions on the use of the word "alert" and the logo of any federal or state agency in the advertisement. The statute further requires those advertisements to contain a number of disclaimers, including ones about the product's continued approval by the Food & Drug Administration (FDA) and the need to continue using the drug until advised otherwise by a doctor, neither of which are related to the legal services being offered.

     The case, Recht v. Justice, was filed May 4, in the U.S. District Court for the Northern District of West Virginia. CCL plans to seek a preliminary injunction to prevent the law from going into effect as scheduled.