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1st Circ. Upholds NH Law On Prescription Data

Law360 (November 19, 2008, 12:00 AM EST) -- A federal appeals court has upheld the constitutionality of an unprecedented New Hampshire law that prevents companies from selling data on physicians' prescribing histories to pharmaceutical sales representatives.

The U.S. Court of Appeals for the First Circuit on Tuesday overturned a lower court ruling that had deemed the state's Prescription Information Law a violation of free speech under the First Amendment, and removed an injunction preventing its enforcement.

The law, passed in 2006, prohibits the commercial use of physician-specific prescribing information, which hampers the abilities of...
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