Landmark 2nd Circ. Decision Means Victory For Pharm Cos.
December 6, 2012, 2:13 PM EST
Law360, New York (December 6, 2012, 2:13 PM EST) -- This week, the United States Court of Appeals for the Second Circuit issued its long-awaited opinion in United States v. Caronia (2d Cir. Dec. 3, 2012), ruling that the First Amendment precludes the U.S. Food and Drug Administration from criminally prosecuting a pharmaceutical sales representative for accurate and truthful promotion of a drug’s unapproved uses.
Tracking the reasoning of the United States Supreme Court in Sorrell v. IMS Health Inc., 131 S. Ct. 2653 (2011), the Second Circuit, in a 2-1 decision, vacated a sales representative’s...