CVS Mass Text Controversy Sparks Louisiana Political Firestorm: When Corporate Advocacy Meets Customer Data
Highlights
- CVS sent mass text messages to Louisiana customers Wednesday warning of pharmacy closures over House Bill 358
- Attorney General Liz Murrill launched investigation into potential misuse of customer data obtained through state contracts
- Governor Jeff Landry called CVS actions "unethical and manipulative," demanding immediate investigation
- Senate killed HB 358 on final day of session, but Landry threatens special session to revive pharmacy benefit manager restrictions
- CVS operates more than 100 Louisiana pharmacies serving nearly 1 million customers, claims bill would force closure of all locations
CVS Mass Text Controversy Sparks Louisiana Political Firestorm: When Corporate Advocacy Meets Customer Data
Pharmacy giant's urgent messages to Louisiana customers trigger state investigation and raise questions about the boundaries of corporate communication
BATON ROUGE, La. (KPEL News) — If you're a CVS customer in Louisiana, you likely received an urgent text message Wednesday morning that caught your attention.
"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 message read, with a link to contact legislators.
What happened next became one of the most explosive political controversies of the 2025 legislative session, triggering a state investigation and calls for a special legislative session.
The Mass Text Campaign That Triggered an Investigation
CVS sent mass communications to customers statewide, including what Attorney General Liz Murrill called "large numbers" of state employees and their families, using customer contact information to lobby against House Bill 358.
"Customers gave CVS their phone numbers to receive pharmaceutical information such as vaccine availability or prescription pick-ups but the company is using this personal information for their own personal corporate interests against pending legislation," Murrill told reporters. "That's not why anybody gave them their phone number."
CVS maintains its communications were legal and necessary under the circumstances.
Murrill launched a formal investigation and issued a cease-and-desist letter Thursday, while Governor Jeff Landry called the text campaign "completely unethical and manipulative."
What CVS Was Responding To
House Bill 358 was originally written to let pharmacy technicians work remotely under certain circumstances. The bill emerged from a conference committee Wednesday with new language: "No permit to operate a pharmacy shall be granted or renewed to a pharmacy that is wholly or partially owned or controlled by a pharmacy benefit manager or its subsidiary."
This language directly targets CVS's business model. The company operates both CVS Caremark (a pharmacy benefit manager that negotiates drug prices for insurance companies) and more than 100 retail pharmacies across Louisiana. The company also says the bill would force closure of all its Louisiana locations, affecting about 1 million patients and 22,000 patients receiving specialty drugs.
According to CVS, the bill faced a last-minute legislative change with no public hearing and needed to inform affected customers quickly.
The Background: Pharmacy Benefit Manager Debate
Pharmacy benefit managers serve as middlemen, negotiating drug prices between pharmaceutical companies, insurance plans, and pharmacies. The system has generated criticism from multiple directions.
Independent pharmacists say PBMs have been reducing their reimbursement rates while directing customers toward large corporate chains or mail-order services.
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Rep. Dustin Miller, the Opelousas Democrat sponsoring HB 358, said on the House floor that independent pharmacies have been getting reimbursed "less and less every year because the PBMs want to make their own pockets fatter."
CVS says its integrated model helps reduce costs and improve access to specialized medications.
Governor Landry has targeted PBMs before. As attorney general, he sued the nation's three largest PBMs—CVS Caremark, Express Scripts and Optum Rx—accusing them of inflating insulin prices.
The Political Fallout
CVS's text campaign created immediate reaction at the State Capitol. Lawmakers on the House floor Wednesday displayed screenshots of the messages, with Baton Rouge Republican Rep. Dixon McMakin responding: "No, we're not you liars. Quit being liars, quit using scare tactics."
Senate President Cameron Henry cited concerns about the rapid pace at which HB 358 was being considered. With one hour left in the regular session, the Louisiana Senate killed the bill.
Governor Landry immediately announced plans for a special session: "Yes we will have a special to lower prescription drugs for our citizens. It's that important!"
Corporate Communication Under Scrutiny
CVS deployed seven lobbyists at the State Capitol, with the CEO of Caremark making phone calls to legislators and the CEO of Optum Rx traveling to Baton Rouge for direct lobbying.
The text message campaign represented a different approach: direct customer communication about pending legislation.
CVS spokesperson Amy Thibault said: "We believe we have a responsibility to inform our customers of misguided legislation that seeks to shutter their trusted pharmacy." She noted that the PBM language was added to HB 358 through a conference committee process with no public hearing.
The Attorney General's investigation focuses on whether CVS used customer contact information obtained through state contracts inappropriately for political advocacy.
Impact on Louisiana Consumers
CVS operates more than 100 pharmacies statewide and says the bill would force closure of all locations. The company highlighted its specialty pharmacy services for 22,000 Louisiana residents with chronic conditions like cancer, hemophilia, and multiple sclerosis.
Independent pharmacists present different data. Metairie pharmacist Ella Vasquez, who owns DBS Pharmacy, said PBMs have consistently reduced reimbursement rates for independent pharmacies while directing customers elsewhere.
"This legislation is not about us," Vasquez said. "It's about patient choice."
Legislative Outcome and Next Steps
The original HB 358 included an effective date of January 2027. A separate bill, House Bill 264, passed requiring PBMs to increase transparency and direct negotiated discounts to patients or employers.
The Investigation Continues
Attorney General Murrill's investigation will determine if CVS violated state law by using customer data obtained through state contracts for political advocacy. Her office specifically mentioned investigating use of personal information from Office of Group Benefits members — state employees and their families.
Arkansas passed similar legislation banning PBM pharmacy ownership, and CVS filed a lawsuit to block that law.
What Happens Next
Governor Landry has not announced the timing for a special session focused on PBM reform. The text message investigation continues, with the Attorney General's office reviewing whether CVS violated state laws governing the use of customer data obtained through government contracts.
CVS maintains that all communications were legal and appropriate given the circumstances.
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