CVS Under Investigation for Text Messages Lobbying Against Louisiana PBM Reform
Louisiana opened the investigation upon discovering a CVS text message campaign sent out to patients asking them to advocate against proposed legislation.
Louisiana Attorney General Liz Murrill opened an investigation into CVS Health last week for its role in using personal patient information to lobby against a proposed state law, according to ABC News.1
“My office will be investigating whether CVS improperly appropriated to its own use the personal information of [Office of Group Benefits] members and will take legal action if it did,” wrote Murrill in a note to state legislators.2 “This is not an appropriate use of personal information obtained through a state contract.”
The CVS text messages came in response to House Bill 358, which prohibits companies in Louisiana from owning both a pharmacy benefit manager (PBM) and a pharmacy storefront.2 While the bill passed with little opposition in the House, legislators voting 88-4 in favor of the bill, it failed to pass the Senate floor in the last minute of the 2025 session.1
Both Arkansas Act 624 and Louisiana House Bill 358 were designed to ultimately delink PBM practices from affiliated pharmacy storefronts. | image credit: sdx15 / stock.adobe.com
READ MORE: CVS, Express Scripts Sue to Overturn Arkansas Law Banning PBMs From Owning Pharmacies
Amid ongoing debates regarding this legislation, CVS was contacting its patients in Louisiana asking for assistance in blocking the bill’s chances of becoming a law. According to a KTAL News report,3 one of the company’s mass text messages read: “CVS Pharmacy: Last minute legislation in Louisiana threatens to close your CVS Pharmacy – your medication cost may go up and your pharmacist may lose their job. Contact your elected officials to protect your access.”
Along with Murrill’s letter to lawmakers alerting them of the investigation, she also wrote a letter to CVS Health warning them to cease and desist any actions that “inappropriately” use patients’ personal information for “political texts.”1 Not only did she mention that CVS’ actions were inappropriate, but she also stated that the company was in violation of Louisiana state law.3
Similar to federal legislation that has yet to be passed, as well as an Arkansas bill that was passed in May,4 state legislatures have recently been on a path to regulating PBMs, or prescription drug middlemen, who serve as intermediaries between pharmacies, insurance companies and employers, pharmaceutical manufacturers, and drug wholesalers.5
While CVS was actively advocating against Louisiana’s Bill 358, it also expressed displeasure with Arkansas Act 624.
“On May 29, 2025, CVS Health filed a lawsuit to block Arkansas Act 624, a harmful law that will shut down 23 CVS Pharmacy locations, eliminate hundreds of jobs, and drive up costs for Arkansans,” wrote CVS Health.4 “This unconstitutional law puts local politics ahead of patients, restricting their access to life-saving medications and undermining fair competition.”
Both Arkansas Act 624 and Louisiana House Bill 358 were designed to ultimately delink PBM practices from affiliated pharmacy storefronts. While CVS Health argues these bills will decrease medication access and forfeit many jobs in each state, legislators and advocates of the bills believe these actions will reduce medication costs and reinforce independent pharmacies in the areas.1
One of the legislators who agreed with these sentiments was Louisiana Governor Jeff Landry (R). After criticizing CVS for its political tactics, Landry stated that he is determined to address prescription drug prices in his state, despite the Louisiana Senate’s failure to pass bill 358.
“CVS … you should be so ashamed of this. You are scaring people,” he said. “Yes we will have a special [session] to lower prescription drugs for our citizens. It’s that important.”
On the other end of the Louisiana congressional floor, Representative Mandie Landry (D) was deterred from voting for House Bill 358 because of alarms raised by her constituents stemming from the CVS text message. “She said CVS’ lobbying had reached [people in her district] and as a result they feared that they wouldn't be able to access their medications,” wrote ABC News.1
Regardless of whether or not CVS’ actions were lawful, the Office of Louisiana Attorney General Liz Murrill and CVS Health are in disagreement on the text messages and any laws prohibiting joint PBM and pharmacy ownership. While CVS claims its text message communications are consistent with law, Murrill claims it is not why any CVS patients chose to provide the company with their phone numbers.
As CVS Health continues to advocate against bills similar to House Bill 358, state-level PBM reform continues to heat up in 2025.
“I’m going to assume that somewhere in the tremendous amount of fine print that comes when you sign up for anything these days, that they have covered their potential liability here, but I still think that’s outside the boundaries of what customers expected when they gave their phone numbers to get prescription updates,” concluded Louisiana Representative Beryl Amedée (R).2 “I’m very disappointed in CVS because the messaging that they did send out was untrue and I consider it propaganda.”
READ MORE: Iowa Governor Signs Bill Limiting PBM Practices
Pharmacy practice is always changing. Stay ahead of the curve: Sign up for our free Drug Topics newsletter and get the latest drug information, industry trends, and patient care tips, straight to your inbox.
References
Cline S, Brook J. AG investigating CVS for sending mass text messages lobbying against legislation. ABC News. June 12, 2025. Accessed June 19, 2025. https://abcnews.go.com/Business/wireStory/louisiana-ag-investigating-cvs-sending-mass-text-messages-122796365
Friedmann M. Louisiana attorney general investigating CVS texts on pharmacy benefit managers controversy. Nola.com. June 12, 2025. Accessed June 19, 2025. https://www.nola.com/news/politics/legislature/louisiana-ag-liz-murrill-investigatin-cvs-text-messages/article_25c7da4a-1a04-41b3-be9d-d72a00662165.html
Lacen M. CVS targeted by Louisiana AG for unsolicited text messages. KTAL News. June 13, 2025. Accessed June 19, 2025. https://www.ktalnews.com/news/louisiana/cvs-targeted-by-louisiana-ag-for-unsolicited-text-messages/
CVS Health files lawsuit to protect Arkansans from Act 624. News Release. CVS Health. May 29, 2025. Accessed June 19, 2025. https://www.cvshealth.com/news/company-news/cvs-health-files-lawsuit-to-protect-arkansans-from-act-624.html
Mattingly TJ, Hyman DA, Bai G. Pharmacy benefit managers: history, business practices, economics, and policy. JAMA Health Forum. 2023;4(11):e233804. doi:10.1001/jamahealthforum.2023.3804
