Talking About Drugs: The FDA may be violating first amendment rights
May 8, 2015
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The U.S. Food and Drug Administration will be holding a meeting this summer to address pharmaceutical companies’ concerns that their First Amendment is being violated. All prescription drugs have a primary use, known as on-label, and many also have off-label uses as well. However, with current regulations, drug companies cannot share any knowledge of off-label drug treatments. When Caronia was caught sharing information, the court decided that since all information was truthful and non-misleading it was protected by the first amendment.
Doctors, and the companies, would benefit from the regulation change. Given the large amount of prescription drugs available, it is difficult for physicians to stay up to date on the information available for every drug. Pharmaceutical companies would potentially gain billions of dollars in non-approved sales.