Prescription Confidentiality Law And The Privacy Debate

Law360, New York (August 3, 2011, 6:49 PM EDT) -- On June 23, 2011, the United States Supreme Court upheld a decision of the U.S. Court of Appeals for the Second Circuit that struck down Vermont’s prescription confidentiality law that prohibits pharmacies from selling or disclosing prescriber-identifying information when used for marketing purposes.

Justice Anthony M. Kennedy authored the court’s 6-3 decision (Justices Stephen Breyer, Ruth Bader Ginsburg and Elena Kagan dissented) and concluded that “[Vermont] has burdened a form of protected expression that it found too persuasive. At the same time, the State has left...
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