2nd Circ. Shields Drugmakers From Gov't Marketing Probes

Law360, New York (December 3, 2012, 8:40 PM EST) -- The Second Circuit ruled Monday that a pharmaceutical sales representative's off-label promotion of a drug was constitutionally protected speech, a monumental decision that will likely curtail the recent spike in government investigations that has cost drugmakers billions of dollars in settlements.

The majority of a three-judge panel reversed a verdict finding Orphan Medical Inc. employee Alfred Caronia guilty of conspiring to introduce a misbranded drug into interstate commerce. The conviction violated Caronia's freedom of speech rights under the First Amendment, the majority found.

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