Legal landscape might shift for off-label marketing

11/28/2011 | Philadelphia Inquirer, The

Drug and medical device makers are asserting in court that limits on promoting their products violate the First Amendment right to free speech, such as in recent cases against Merck and bone-cement maker Synthes. The defendants lost both cases, but recent decisions including Citizens United v. Federal Election Commission and Sorrell v. IMS Health point to a changing legal landscape, according to lawyer Lisa Blatt. Drug and device makers should challenge rules prohibiting off-label marketing and Congress should revoke the Justice Department's power to prosecute off-label marketing cases, she says.

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Philadelphia Inquirer, The

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