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Objectives • New drug approval process • Pricing of new drugs • Off ...

Objectives • New drug approval process • Pricing of new drugs • Off ...

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3/15/13%<br />

On December 3, 2012, a divided Second Circuit held<br />

in United States v. Caronia (“Caronia”) that the<br />

misbranding provisions <strong>of</strong> the Federal Food, Drug,<br />

and Cosmetic Act (“FDCA”) do not criminalize “the<br />

truthful <strong>of</strong>f-label promotion <strong>of</strong> FDA-approved<br />

prescription <strong>drug</strong>s.” The two-judge majority based its<br />

holding primarily on last year’s Supreme Court<br />

decision in Sorrell v. IMS Health, Inc., which held that<br />

“[s]peech in aid <strong>of</strong> pharmaceutical marketing…is a<br />

form <strong>of</strong> expression protected by the Free Speech<br />

Clause <strong>of</strong> the First Amendment.”<br />

http://www.jdsupra.com/legal<strong>new</strong>s/<strong>of</strong>f-label-marketing-questioned-as-a-viab-49267/<br />

20%

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