Jesse C. Vivian, RPh, JD, Professor, Department of
Pharmacy Practice, College of Pharmacy and Health Sciences Wayne State
University, Detroit, Michigan (1/23/2013) at US
Pharm. 2012;38(1):40-42 provides an interesting discussion of U.S. v Caronia, decided on December 3, 2012, in which a federal
Court of Appeals panel in a 2-1 decision ruled that the promotion of
prescription drugs by manufacturer’s agents for off-label purposes is protected
“free speech” under the First Amendment to the U.S. Constitution, and thus the FDA’s prohibition against such practices was ruled unconstitutional.
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