Appeals Court: Off-label Promotion Is Protected by First Amendment
January 3, 2013 at 07:46 AM EST
In an eagerly anticipated decision, the U.S. Court of Appeals for the 2nd Circuit held Dec. 3 that prosecution of drug manufacturers and their representatives under the Federal Food, Drug and Cosmetic Act (FD&C Act) for speech promoting the lawful, off-label use of an FDA-approved drug violates the First Amendment (United States v. Caronia, No. 09-50006-cr, 2012 WL 599214... Read More
