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Industry tries again for clarity concerning off-label promotion

  • Dechert LLP
  • -
  • USA
  • -
  • July 8 2011

With the ink barely dry on the Supreme Court’s recent decision that pharmaceutical detailing is First Amendment protected commercial speech, see Sorrell v. IMS Health Inc., ___ U.S. ___, 2011 WL 2472796, at 8 (U.S. June 23, 2011), the industry is trying again for clarity in the morass that is the FDA’s current regulation (if it can be called that) of off-label promotion

More inspiration from the courts on commercial speech

  • Dechert LLP
  • -
  • USA
  • -
  • March 9 2012

When most of us think of the First Amendment, commercial speech is probably not what springs to mind

On suing publishers

  • Dechert LLP
  • -
  • USA
  • -
  • April 7 2011

Not too long ago a case here in the Eastern District of Pennsylvania, Slater v. Hoffmann-LaRoche Inc., ___ F. Supp.2d ___, 2011 WL 1087240 (E.D. Pa. March 25, 2011), held that an inadequate warning claim against a “monograph publisher” survived the rather loose standard imposed upon fraudulent joinder