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| ![]() ACI's Annual Expert Guide Boasts a “Who’s Who” of First Amendment Promotional Speech PThe American Conference Institute (ACI) is proud to host its 10th Annual Expert Guide to Advertising, Promotions and Digital Marketing for the Life Sciences Industry.
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.) Defense, Caronia 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. More information about this event, including a full agenda, faculty list, and brochure can be accessed at http://tinyurl.com/ About American Conference Institute A unique organization, ACI is devoted to providing the business intelligence that senior decision-makers need to respond to challenges both here in the US, and around the world. Staffed by industry specialists, lawyers and other professionals, American Conference Institute operates as a think tank, monitoring trends and developments in all major industry sectors, the law, and public policy, with a view to providing information on the leading edge. End
Page Updated Last on: Dec 14, 2012
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