Freedom Of Speech, PDIIs: A Recent Ruling In Maine
January 14, 2008, 12:00 AM EST
Law360, New York (January 14, 2008, 12:00 AM EST) -- A federal district court in Maine recently issued a preliminary injunction prohibiting enforcement of certain portions of L.D. 4, “An Act to Amend the Prescription Privacy Law,” on the ground that those provisions restrict the freedom of commercial speech in violation of the First Amendment to the United States Constitution.
IMS Health Corp. v. Rowe, No. cv-07-127-B-W (D. Me. Dec. 21, 2007) (order granting preliminary injunction). The law, which became effective Jan. 1, 2008, provides that:
“a carrier, pharmacy or prescription drug information intermediary may not...