Ruling has potential to impact patient care, advertising

Pia Christensen

About Pia Christensen

Pia Christensen (@AHCJ_Pia) is the managing editor/online services for AHCJ. She manages the content and development of healthjournalism.org, coordinates social media efforts of AHCJ and assists with the editing and production of association guides, programs and newsletters.

The Milwaukee Journal Sentinel‘s John Fauber explains what a federal appeals court ruling this week might mean for patient care, television advertising and many other issues.

The case of United States vs. Alfred Caronia, a pharmaceutical company representative, “involved the right of commercial free speech, applying it to the complicated world of pharmaceutical industry promotion of prescription drugs.”

Caronia was prosecuted for making off-label promotional statements about Xyrem, a drug approved in 2002 to treat narcolepsy patients. He contended his statements were protected by the First Amendment, saying that the government couldn’t “prohibit or criminalize a drug company’s truthful, non-misleading off-label promotion to doctors.”

Fauber notes that “The appeals court essentially agreed, noting that Caronia never conspired to put false or deficient labeling on the drug.”

In his article, Fauber – no stranger to covering conflicts of interest in the medical industry – outlines the surprisingly far-reaching potential effect of the ruling – called a “watershed moment” by one source.

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