CCL filed a motion and memorandum seeking a preliminary injunction against the enforcement of a new West Virginia lawyer advertising law that would place restrictions on communications about prescription drug and medical device cases. 

     Among the law's clear violations of the First Amendment, the memorandum describes its absolute prohibition of the use of the word "recall," except when ordered by or part of an agreement with a government agency. The statute, then, prohibits a speaker from using the word recall in the vast majority of instances where it would be true: when the manufacturer undertakes a voluntary recall. Other bans in the statute prevent display of a government agency logo or the use of words like "consumer alert."

     In addition, the statute adds such extensive disclaimers unrelated to the offer of legal services that it would dominate the advertising.

     The case was brought on behalf of a consumer and two West Virginia attorneys. The case is Recht v. Justice.