United States Second Circuit

In a First Amendment challenge to a Vermont statute banning the sale, transmission, or use of prescriber-identifiable data (PI data) for marketing or promoting a prescription drug unless the prescriber consents, judgment for defendants is reversed where, because the statute was a commercial speech restriction that did not directly advance the substantial state interests asserted by Vermont, and was not narrowly tailored to serve those interests, the statute could not survive intermediate scrutiny under Central Hudson.

Appellate Information

• Decided 11/23/2010
• Published 11/23/2010

Judges

• John G. Koeltl

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas R. Julin, William H. Sorrell