A Spoonful of Free Speech Helps the Medicine Go Down: Off-Label Speech & the First Amendment

Author:Luke Dawson
Pages:803-837
SUMMARY

For over a decade, drug manufacturers have maintained that Food and Drug Administration ("FDA") regulations restricting their ability to promote prescription drugs for off-label uses violate the First Amendment. Courts faced with First Amendment challenges to the FDA's off-label speech restrictions have been reluctant to declare them facially unconstitutional. These courts fear that declaring... (see full summary)


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