Health Law Advisory: Federal Court Upholds Vermont Law Restricting the Sale and Use of Prescriber-Identifiable Data

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On April 23, 2009, the United States District Court for the District of Vermont dealt another blow to pharmaceutical manufacturers and the data mining companies that sell prescriber-identifiable data to them by upholding a Vermont law prohibiting various entities from selling or using such data for marketing purposes without prescriber consent. IMS Health Inc. v. Sorrell, No. 07-cv-188 (D. Vt. Apr. 23, 2009). The ruling follows the recent ruling by the U.S. Court of Appeals for the First Circuit upholding a similar New Hampshire law.

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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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