Caronia And The 'New' 1st Amendment Safe Harbor

Law360, New York (December 14, 2012, 12:46 PM EST) -- The recent Second Circuit decision vacating Alfred Caronia’s criminal misbranding conviction on free speech grounds has been hailed as a landmark First Amendment case and a victory for the pharmaceutical industry. Although lawyers and commentators have been arguing since the 1990s that off-label promotion (at least when accurate and nonmisleading) deserves some constitutional protection under the First Amendment, prior to Caronia efforts to get the issue before the federal courts have come up short.

Now that a Second Circuit majority panel has decided the question in...
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