On June 23, 2011, in Sorrell v. IMS Health, Inc., et al., the United States Supreme Court struck down the Vermont Prescription Confidentiality Law (Vt. Stat. Ann., Tit. 18, § 4613(d), amended by H. 750) (the Law) as an unconstitutional restriction of First Amendment commercial speech. Subject to exceptions, the Law prohibits selling or using prescriber-identifiable prescription drug information to market or promote a prescription drug absent a prescriber’s consent. It also specifically prohibits pharmaceutical manufacturers and marketers from using the prescriber-identifiable prescription drug information for marketing or promotional purposes without the consent of the prescriber.
Click here to read the King & Spalding LLP Client Alert issued by the FDA & Life Sciences Practice Group, which provides a more complete description of the case and the Supreme Court’s rationale.