Skip to comments.Off-Label Drug Promotion Protected by 1st Amendment – Appeals Court
Posted on 12/04/2012 8:11:56 AM PST by AtlasStalled
A federal appellate court in New York has reversed the conviction of a Long Island man found guilty of promoting off-label uses for pharmaceuticals on grounds that the conviction violated his First Amendment free speech rights.
(Excerpt) Read more at blogs.wsj.com ...
A really big decision, and I suspect it will go to a higher court (and overturned by activist judges). Off-label promotion, in my opinion, has always been free speech denied by the FDA and OIG. Pharma companies might promote their drugs incorrectly and to the detriment of patients, but free speech should be protected even if it’s “not correct”. Physicians, using rigorous published data, should be the individuals who determine the rational basis of using a given drug (disclosure: I’m a physician).
was he claiming water cured dehydration, or vitamn c cured scurvy? becaus the fda has gone after people for this as well.
You're just not allowed to discuss it. Leave that to the affirmative-action professionals.
remember when they ordered mommy blogs to stop comparing products?
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