How Caronia Could Reshape Government Investigations

Law360, New York (January 2, 2013, 12:32 PM EST) -- Truthful, nonmisleading speech promoting the lawful off-label use of an approved drug or device is constitutionally protected.

This belief, long articulated by free speech advocates, many within U.S. Food and Drug Administration-regulated industries, and by physicians, is now the law in the U.S. Court of Appeals for the Second Circuit, which vacated Alfred Caronia's conviction after concluding that it had been based on speech protected by the First Amendment. The court's decision in United States v. Caronia is likely to have myriad consequences, and could reshape...
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