U.S. Supreme Court Issues Opinion in Sorrell v. IMS Health, Inc., Striking Down Vermont Prescription Confidentiality Law (Vt. Stat. Ann., Tit. 18, § 4631(d), amended by H. 750)

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The United States Supreme Court issued its decision in Sorrell v. IMS Health, Inc., et al. on June 23, 2011. The 6-3 decision, authored by Justice Anthony Kennedy, struck down the Vermont Prescription Confidentiality Law (Vt. Stat. Ann., Tit. 18, § 4613(d), amended by H. 750) as unconstitutional restriction of First Amendment commercial speech.

A summary of this case and the related prescriber data privacy cases, authored by King & Spalding attorneys Edward Basile and Marian Lee, appeared as chapter 13, “IMS Health Inc. v. Sorrell,” in Top 20 Food and Drug Cases, 2010 & Cases to Watch, 2011, edited by John B. Reiss (FDLI 2011).

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Published In: Administrative Agency Updates, Communications & Media Updates, Constitutional Law Updates, Health Updates, Privacy Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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