This article focuses on the unique nature of prohibited disclosures within the health care field. Specifically, this article details the relationship between restrictions on off-label drug use advertising and constitutionally protected free speech. Orentlicher explores the conflict between regulation of off-label drug use through direct prohibition versus regulation through indirect advertising restrictions. Ultimately, Orentlicher argues that pharmaceutical companies should not be able to invoke first amendment arguments against off-label advertising restrictions due to the potential for harm to the consumer
Professor O\u27Reilly\u27s study of recent drug review legislation applies a historical and holistic...
Last year alone, doctors filled out over four billion drug prescriptions in the United States. But a...
Pharmaceutical companies have strong economic interests in influencing physician-prescribing behavio...
This article focuses on the unique nature of prohibited disclosures within the health care field. S...
Is more information always better? First Amendment commercial speech jurisprudence takes this as a g...
This Article argues that the Food and Drug Administration (“FDA”) should regulate drug manufacturer ...
This paper seeks (1) to provide the background necessary to understand current commercial speech jur...
The Federal Food, Drug, and Cosmetic Act (FDCA) does not expressly prohibit companies from marketing...
The FDA’s regulation of off-label uses for drugs has been a hotly contested issue. While the FDA see...
Advertising prescription drugs directly to consumers is a recent phenomenon and has sparked much eth...
Physicians often prescribe prescription drugs and other medications for uses that are not approved b...
This article will appear in a symposium to pay tribute to Professor Steven H. Shiffrin, one of the l...
Recent decisions have caused the FDA to question whether its regulations of prescription drug promot...
The Food and Drug Administration (FDA) engages in a premarketing approval process established by Con...
The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about...
Professor O\u27Reilly\u27s study of recent drug review legislation applies a historical and holistic...
Last year alone, doctors filled out over four billion drug prescriptions in the United States. But a...
Pharmaceutical companies have strong economic interests in influencing physician-prescribing behavio...
This article focuses on the unique nature of prohibited disclosures within the health care field. S...
Is more information always better? First Amendment commercial speech jurisprudence takes this as a g...
This Article argues that the Food and Drug Administration (“FDA”) should regulate drug manufacturer ...
This paper seeks (1) to provide the background necessary to understand current commercial speech jur...
The Federal Food, Drug, and Cosmetic Act (FDCA) does not expressly prohibit companies from marketing...
The FDA’s regulation of off-label uses for drugs has been a hotly contested issue. While the FDA see...
Advertising prescription drugs directly to consumers is a recent phenomenon and has sparked much eth...
Physicians often prescribe prescription drugs and other medications for uses that are not approved b...
This article will appear in a symposium to pay tribute to Professor Steven H. Shiffrin, one of the l...
Recent decisions have caused the FDA to question whether its regulations of prescription drug promot...
The Food and Drug Administration (FDA) engages in a premarketing approval process established by Con...
The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about...
Professor O\u27Reilly\u27s study of recent drug review legislation applies a historical and holistic...
Last year alone, doctors filled out over four billion drug prescriptions in the United States. But a...
Pharmaceutical companies have strong economic interests in influencing physician-prescribing behavio...