Drug Comparison Suits May Drive Shift In Pharma Ads

Law360, New York (September 25, 2013, 8:09 PM EDT) -- Rising demand from Medicare and private insurers for head-to-head studies of pricey drugs is triggering courtroom brawls over how drugmakers use that research in marketing materials — fights that experts say could reshape drug advertising and make or break many products.

Several high-profile suits have been waged over the past year, including a fight that ended in June with the Second Circuit carving out significant protections for speech based on sound scientific research. And experts say more litigation is all but certain.

That’s in part because...
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