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Mandatory Compliance With 'Voluntary' Codes

Law360 (October 30, 2008, 12:00 AM EDT) -- Pharmaceutical and medical device companies face sometimes inconsistent state and federal statutes and regulations, industry codes, and local ordinances. Violation of any of these can make a company vulnerable to attacks in the courtroom and in the public eye.

We focus here on the overlap between states' efforts to regulate marketing conduct and industry's efforts to self-regulate through ostensibly voluntary codes.

While the industry codes are often described as "voluntary," they have become mandatory minimum standards of conduct in a growing number of states.

So far...
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