John L. Brownlee

John L. Brownlee

Holland & Knight LLP

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Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their...more

2/1/2013 - Caronia Commercial Speech FDCA First Amendment Free Speech Marketing Misbranding Off-Label Promotion Off-Label Use Pharmaceutical

Second Circuit Vacates Misbranding Conviction for Pharmaceutical Representative on First Amendment Grounds

In United States v. Caronia, No. 09-5006-cr, slip op. (2d Cir. Dec. 3, 2012), the U.S. Court of Appeals for the Second Circuit held that "the government cannot prosecute pharmaceutical manufacturers and their representatives...more

12/6/2012 - Commercial Speech FDA FDCA First Amendment Off-Label Promotion Off-Label Use Pharmaceutical

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