WEDNESDAY, JANUARY 30, 2013
By Jonathan E. Levitt, Esq. and Jesse C. Dresser, Esq.
Last week, the U.S. Court of Appeals for Second Circuit ruled that the Food and Drug Administration (FDA) cannot prosecute pharmaceutical manufacturers’ representatives for speech promoting the lawful, off-label use of an FDA-approved drug. The decision, United States v. Caronia, could dramatically expand the free-speech rights of pharmaceutical companies and compounding pharmacies alike. Compound marketers could enjoy greater leeway to share unapproved information.
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