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Court Rules Off-Label Marketing Ban Violates Freedom of Speech

Topics: Prescription label

A federal appeals court overturned the conviction of a drug sales representative who marketed a product for off-label uses on grounds that the conviction violated his freedom of speech. Alfred Caronia, a former sales representative for Orphan Medical, was convicted of promoting narcolepsy drug Xyrem® for uses not approved by FDA in 2008. Caronia’s appeal was heard in the Court of Appeals for the Second Circuit in Manhattan before a three-judge panel. The court ruled in a two-to-one decision by the judges that the ban on off-label marketing violated the sales representative’s freedom of speech, reports the New York Times