Ex-Acclarent Execs Can't Slip Misbranding Convictions

Law360 (September 15, 2020, 6:44 PM EDT) -- A Massachusetts federal judge has declined to toss the convictions of two former Acclarent executives found guilty of skirting medical device safety laws, rejecting their argument that the charges criminalized free speech even as she had reservations about the government's case.

U.S. District Judge Allison D. Burroughs said Monday that while it seemed clear that the statutory and regulatory scheme for medical device approvals needed to be "rethought," it was reasonable for a Boston jury to conclude that two former executives of the Johnson & Johnson subsidiary broke the law by marketing a nasal device primarily for its off-label use.

"Here, the...

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