Botox Maker Sues FDA Over Off-Label Marketing Ban

Law360, New York (October 2, 2009, 3:45 PM EDT) -- Allergan Inc., the maker of Botox, has filed a suit alleging that the U.S. Food and Drug Administration's prohibition on marketing medications for unapproved uses violates the First Amendment.

In a declaratory judgment suit filed Thursday in the U.S. District Court for the District of Columbia, Allergan asked a judge for a ruling that it can “share truthful and relevant information with the medical community” about the risks and benefits of Botox for off-label uses.

The maker of Botox, which is approved for more than 20...
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