Brief of Amicus Curiae, The National Legislative Association on Prescription Drug Prices, the New Hampshire Medical Society, and Prescription Policy Choices in Support of Defendant\u27s Objection to Plaintiff\u27s Motion for Preliminary Injunction

Plaintiffs in this case seek a preliminary injunction to prevent the enforcement of the New Hampshire Prescription Confidentiality Act, which protects consumers and the privacy interests of doctors in the state of New Hampshire from the increasingly common practice of using doctor-identifying information in prescription records to facilitate targeting of pharmaceutical marketing and gifts toward doctors who prescribe the most expensive drugs for their patients. This practice raises drug costs for all New Hampshire residents and compromises the professional autonomy of doctors. This brief addresses the failure of the plaintiffs to show that they are likely to succeed on the merits of either their First Amendment or Commerce Clause claim