Manipulative Marketing and the First Amendment

Off-label marketing and the First Amendment.

O December 3, 2012, a three­ judge panel of a U.S. appeals court took a controversial leap toward what some fear will be license by the courts to invalidate a host of state and federal regu­ lations, including some applica­ ble to health care. In recent years, the Supreme Court has broadened the reach of the First Amend­ ment, defining “protected speech” in such a way as to curtail or eliminate...

The Promotion of Medical Products in the 21st Century: Off-label Marketing and First Amendment Concerns.

On August 7, 2015, Federal District Court Judge Paul Engelmayer blocked the US Food and Drug Administration (FDA) from enforcing restrictions on themarketing and promotion of off-label use of the drug icosapent ethyl (Vascepa), manufactured by Amarin Pharma Inc.1 If the case heralds the future of jurisprudence, responsibility for the oversight of the truthfulness of pharmaceutical promotions ma...

Filters and the First Amendment

Smoking and the First Amendment.

2351 provide solutions to all the complex problems of health worker migration, it offers needed guidance on possible policy and legislative approaches. There is growing evidence that its legal framework can work as a platform for cooperation to strengthen health workforce systems. Sixtynine countries have thus far designated a national authority responsible for the exchange of information on he...

Physicians and the First Amendment.

In the November elections, the citizens of three states resoundingly defeated initiatives aimed at curtailing reproductive rights. In Colorado, a proposed amendment to the state’s Constitution would have given the same legal rights to fertilized eggs as to living persons. This amendment, which was rejected by a wide margin, would have had broad ramifications for abortion rights, the use of cont...