United States Ninth Circuit
W. STATES MED. CTR. v. SHALALA, 99-17424
Subsections 353a(a) and (c) of the Food and Drug Administration Modernization Act of 1997, 21 USC 353a, violate the First Amendment by restricting commercial speech for prohibiting drug providers from promoting or advertising particular compounded drugs.
Appellate Information
- Argued 12/12/2000
- Decided 02/06/2001
- Published 02/06/2001
Judges
- CYNTHIA HOLCOMB HALL, Circuit Judge:, Before: SCHROEDER, Chief Judge, HALL, and W. FLETCHER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Michael S. Labson, Covington & Burling, Washington, DC, for the amicus.
- For Appellees:
- Peter J. Smith,Civil Division, Department of Justice, Washington, D.C., for the defendants-appellants., Michael A. Reiter, Duane, Morris & Heckscher, LLP, Chicago, Illinois, for the plaintiffs-appellees.