Law360, New York (December 04, 2012, 11:01 PM ET) -- Drugmakers that promote their products for off-label uses following the Second Circuit's landmark ruling on Monday could find themselves without their go-to defense in some personal injury lawsuits, attorneys say, since securing preemption when the use of a drug is not federally approved will likely prove a formidable task.
The appeals court overturned the conviction of a pharmaceutical sales representative who promoted the Jazz Pharmaceuticals PLC drug Xyrem for uses not approved by the U.S. Food and Drug Administration, ruling it violated the First Amendment. If...
2nd Circ. Ruling Presents Risks For Drug Cos. In Litigation
To view the full article, take a free trial now.
