NASHVILLE, Tenn. (WTVF) — Tennessee Attorney General Jonathan Skrmetti is warning CVS to stop using its pharmacy text system to send political messages to customers.
The message says that a new law might lead to the closure of CVS locations and asks customers contact elected officials about Senate Bill 2040.
The bill would prevent companies from owning both a pharmacy and a pharmacy benefit manager, or PBM, in Tennessee starting in 2027. CVS, which owns the PBM Caremark, has warned the bill could force it to close all 134 of its Tennessee locations.
CVS conducted a similar text campaign in Louisiana last year opposing a bill that would have also barred pharmacies from owning PBMs. The texts led to a lawsuit from the state's Attorney General and are the subject of an ongoing U.S. House Oversight Committee investigation.
When notified of the texts earlier this month, NewsChannel 5 reached out to the Tennessee Attorney General's Office for more information.
In a March 20 letter to CVS CEO David Joyner, Skrmetti said his office has received reports that the company is “misusing the pharmacy text system to send political advocacy messages.” He warned that the texts could violate state law, adding, “It is in your best interest to stop.”
Skrmetti’s letter points to both the Louisiana lawsuit and the House investigation, writing "nevertheless, CVS chose to do the same thing in Tennessee when similar legislation was introduced." He adds that Tennesseans reported receiving "political advocacy messages they never consented to- and that CVS appeared to be exploiting their personal health information to target them."
The letter goes on to say "when Tennesseans choose a pharmacy, they place significant trust in that pharmacy to safeguard their most sensitive health information", and accuses CVS of violating that trust.
The Tennessee Attorney General ends the letter saying that if CVS does not stop sending the messages, his office will consider “all available enforcement options.”
The bill is continuing to move through the legislature. SB 2040 is scheduled to be heard in the Senate Finance, Ways and Means Committee on March 24. The House version, HB 1959, is set for the Finance, Ways and Means Subcommittee on March 25.
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