High Court's Sorrell Ruling Yet To Transform Drug Marketing

Law360, New York (August 2, 2013, 5:42 PM EDT) -- The U.S. Supreme Court's 2011 ruling in Sorrell v. IMS Health set the stage for looser limits on off-label promotion by drugmakers, but experts say the upshot for Big Pharma has been hard to gauge, as the U.S. Food and Drug Administration continues to have significant success obtaining criminal penalties and massive fines for such marketing.

In its 6-3 ruling, the high court declared that truthful, nonmisleading promotional activities are shielded by the First Amendment, even when it comes to prescription drugs, where a strong public...
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