Minor Convictions In Acclarent Trial Raise Major Questions

By Brandon Lowrey (July 22, 2016, 11:29 PM EDT) -- A Massachusetts federal jury may have rejected a slew of felony fraud charges against a pair of former executives for medical-device manufacturer Acclarent this week, but its verdict convicting them of 10 misdemeanors may eventually force courts to venture into hazy territory to decide where free-speech rights end and illicit off-label promotion begins.

The misdemeanor convictions raise two major issues likely to come up on appeal. The first is where the line is between making First Amendment-protected truthful statements about a medical device's off-label uses and illegally marketing the product for those uses. The second is the scope of the decades-old...

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