On March 11, 2009, the Massachusetts Department of Public Health (“DPH”) adopted final regulations (“Final Rules”)1 that include a Massachusetts Marketing Code of Conduct.2 Effective as of July 1, 2009, the Final Rules apply to “pharmaceutical or medical device manufacturing companies” (“Manufacturers”). Manufacturers are defined to exclude health care practitioners, physician practices, home health agencies, hospitals, wholesale drug distributors, or retail pharmacists.
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