United States Second Circuit

Defendant's conviction for conspiracy to introduce a misbranded drug into interstate commerce in violation of the Federal Drug and Cosmetic Act (FDCA), is vacated and remanded where the government cannot prosecute pharmaceutical manufacturers and their representatives under the FDCA for speech promoting the lawful, off-label use of an FDA-approved drug.

Appellate Information

• Decided 12/03/2012
• Published 12/03/2012

Judges

• Chin

Court

• United States Second Circuit

Counsel