Benefit from multi-faceted, unadulterated reflections on Caronia in Freedom to Make Truthful Promotional Speech: Rediscovering First Amendment Protection Strategies for Your Marketing Defense featuring:
For the Plaintiff, Caronia
Anne K. Walsh, former Associate Chief Counsel, Office of General Counsel, Food and Drug Division, on the brief (currently, Attorney Hyman, Phelps & McNamara, P.C.)
Jennifer McCann, Attorney, Law Office of Jennifer L. McCann, P.C.
Amicus Curiae, Caronia
Alan Bennett , Partner, Ropes & Gray LLP
Dr. Paul E. Kalb, Partner, Sidley Austin LLP
Additional First Amendment defense insight from
Dwight O. Moxie, Senior Counsel-Legal Department, Allergan, Inc.
Gain an insider’s perspective into the ramifications of this momentous decision like the following from panelist Jennifer McCann
This is a landmark case not only because it will have such a widespread impact on the pharmaceutical industry, but because it decriminalizes non-fraudulent commercial speech in this area. The Second Circuit astutely discussed the major shortcoming of the FDCA regulations in their decision, pointing out that, as long as doctors can prescribe an FDA approved drug for an off-label use, it is illogical to think that patients are better off without pharmaceutical companies being able to convey the most recent and thorough scientific information about those off-label uses to those doctors.
Caronia is a victory for the First Amendment. It is a victory against unnecessary and burdensome government regulation. While this decision may be limited to the FDCA rules under which Mr. Caronia was prosecuted, it is easy to see that it foreshadows increased Constitutional protection against any improperly tailored or broad restriction on commercial free speech.
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