Drug Misbranding Investigations Remain Top Priority: DOJ

Law360, Washington (January 29, 2013, 4:57 PM EST) -- A U.S. Department of Justice official told pharmaceutical companies and counsel on Tuesday that investigating drug misbranding will remain a major priority for the agency in the upcoming year, maintaining that although courts have determined truthful off-label promotion is protected free speech, there is still underlying conduct to prosecute.

Maame Ewusi-Mensah Frimpong, deputy assistant attorney general for DOJ's consumer protection branch, said that the Second Circuit's decision in U.S. v. Caronia didn't absolve companies from potential prosecution making false or misleading statements while marketing their drugs....
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