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Off-Label Drug Promotion Protected by 1st Amendment Appeals Court
The Wall Street Journal ^ | 12/03/12 | Ashby Jones

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 ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; News/Current Events
KEYWORDS:

1 posted on 12/04/2012 8:12:00 AM PST by AtlasStalled
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To: AtlasStalled

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).


2 posted on 12/04/2012 8:21:28 AM PST by BlueStateRightist (Think of how stupid the average person is, and realize half of them are stupider than that.)
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To: AtlasStalled

was he claiming water cured dehydration, or vitamn c cured scurvy? becaus the fda has gone after people for this as well.


3 posted on 12/04/2012 8:28:19 AM PST by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: AtlasStalled
In the state of North Carolina, you are not allowed to discuss dietary issues without a dietitian's license.

Blogger Giving Advice Resists State’s: Get a License

4 posted on 12/04/2012 8:38:31 AM PST by E. Pluribus Unum ("The more numerous the laws, the more corrupt the state." - Cornelius Tacitus, Roman Senator)
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To: E. Pluribus Unum
In the state of North Carolina, you are not allowed to discuss dietary issues without a dietitian's license.

So....the new drive thru menu at Mickey D's that lists all the calorie counts violates North Carolina law unless they have a dietitian on hand?


5 posted on 12/04/2012 9:29:32 AM PST by Buckeye McFrog
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To: Buckeye McFrog
So....the new drive thru menu at Mickey D's that lists all the calorie counts violates North Carolina law unless they have a dietitian on hand?

You're just not allowed to discuss it. Leave that to the affirmative-action professionals.

6 posted on 12/04/2012 10:55:04 AM PST by E. Pluribus Unum ("The more numerous the laws, the more corrupt the state." - Cornelius Tacitus, Roman Senator)
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To: BlueStateRightist

remember when they ordered mommy blogs to stop comparing products?


7 posted on 12/04/2012 10:59:46 AM PST by GeronL (http://asspos.blogspot.com)
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