Panel Analyzes First Amendment Concerns Raised in Pharmaceutical Regularion: Summary of "FDA and the First Amendment"-- October 21, 2002
May 1, 2003
Recent court decisions reflect increasing judicial interest in the constitutional rotections afforded to speech regarding the safe and effective use of pharmaceutical drugs. In the late 1990s, two U.S. district courts ruled that the U.S. Food and Drug Administration’s (FDA) regulations governing the provision of journal articles to doctors describing the off-label uses of drugs overstepped its bounds. In 2002, the U.S. Supreme Court held that FDA restrictions on pharmacists’ advertising of compounding services violated the First Amendment.