The Supreme Court, preemption, and malpractice liability.

559 Nonetheless, the extent to which gifts of food and other items will actually decrease will not be known for some time. Terms such as “occasional” and “modest” are open to interpretation. And the gifts of food and educational items that are still allowed could influence physicians’ behavior and benefit industry. It is also uncertain whether the provision of fewer gifts will lead to a decrease in overall spending on professional promotion or will merely shift spending to other sales and marketing activities.