Erica Smith-Klocek

First Amendment Prohibits Criminal Prosecution of Truthful Off-Label Promotion

Second Circuit holds that the government will be required to prove more than simple off-label promotion for misbranding prosecutions under the FDCA. On December 3, the U.S. Court of Appeals for the Second Circuit ruled...more

12/7/2012 - FDCA First Amendment Off-Label Promotion Off-Label Use Pharmaceutical