FDA Removes Pacira Warning Letter Amid Free Speech Suit

Law360, New York (October 16, 2015, 8:40 PM EDT) -- The U.S. Food and Drug Administration has quietly unpublished a warning letter objecting to the promotional practices of Pacira Pharmaceuticals Inc., an unusual step that follows the drugmaker's constitutional challenge to restrictions on its commercial speech.

A spokeswoman for the FDA declined to comment on why the warning letter was removed from the agency's website, citing ongoing litigation that Pacira launched last month. The agency is scheduled to formally respond to Pacira's lawsuit in New York federal court by Oct. 26.

Representatives of Pacira did not respond to multiple requests for comment.

Scott S. Liebman, a Loeb & Loeb LLP partner...

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