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On June 23, 2011, the United States Supreme Court held in a 6-3 decision that a Vermont law prohibiting pharmaceutical manufacturers from purchasing or using prescriber-identifying data in connection with detailing of physicians violated the manufacturers’ First Amendment free speech rights
In a 2-1 decision, a panel of the Second Circuit today struck down a provision of Vermont law that bans the sale, transmission, or use of prescriber-identifiable data ("PID") for marketing or promoting a prescription drug, unless the prescriber consents, as an unconstitutional restriction on commercial speech
