BATON ROUGE, La. — Louisiana Attorney General Liz Murrill announced Thursday that she is investigating CVS Health for allegedly misusing customers’ personal information to send mass text messages lobbying against a proposed state law. Murrill also plans to issue a cease-and-desist letter to the company to halt the messages.
The texts, sent as lawmakers debated a bill that ultimately failed on Wednesday, warned recipients that the legislation could lead to pharmacy closures, higher medication costs, and job losses for pharmacists. One message read, “Last minute legislation in Louisiana threatens to close your CVS Pharmacy — your medication cost may go up and your pharmacist may lose their job.”
The bill sought to ban companies from owning both pharmacy benefit managers (PBMs) and retail drug stores. CVS owns both retail pharmacies and CVS Caremark, one of the nation’s largest PBMs. PBMs act as intermediaries between drug manufacturers and pharmacies, often influencing drug prices and distribution.
A 2024 Federal Trade Commission report warned that PBMs may inflate drug costs while squeezing smaller pharmacies. CVS states on its website that it works to lower costs and expand access to affordable medications.
CVS’s texts also included a link to a draft letter urging recipients to oppose the bill, which they could sign and send to lawmakers electronically. The letter claimed the bill would disrupt access to medications for vulnerable patients with complex conditions such as cancer or organ transplants.
Rep. Dixon McMakin criticized CVS’s messages as misleading and false, calling out social media ads claiming lawmakers might shut down every CVS pharmacy in the state. “No we’re not, you liars. Quit using scare tactics,” he said.
Republican Rep. Bryan Fontenot showed that CVS used the same text thread to notify him about prescription pickups to send political messages.
Murrill said CVS also sent texts to many state employees and their families to lobby against the legislation. She emphasized that customers gave their phone numbers for health-related updates, not for political lobbying.
CVS spokesperson Amy Thibault said the messages responded to a last-minute bill amendment passed without a public hearing. The company believes it has a responsibility to inform customers about legislation that might shutter their pharmacies and insists their communication complies with the law.
Republican Gov. Jeff Landry has continued to support the bill, which passed the House overwhelmingly but stalled in the Senate. Landry said he plans to call a special session to pursue similar legislation aimed at lowering prescription drug costs.
Democratic Rep. Mandie Landry, who voted against the bill, said CVS’s lobbying had scared constituents about losing access to their medications. “CVS … you should be so ashamed of this. You are scaring people,” she said.
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