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).
remember when they ordered mommy blogs to stop comparing products?