Topic: off-label promotion

JD Supra Corporate Brief: Public Company ESOPs, First Amendment Defense, Patent Law Treaty, Stark Law Enforcement

Can’t decide whether you should wear the black or brown shoes? The JD Supra Corporate Brief goes well with either… Public companies may need to revise their ESOPs to comply with a recent IRS notice (Katten) Is the First Amendment a viable defense for off-label marketing of pharmaceuticals? You might think so six months after… Read more »

Off-Label Marketing Opinion Sends Warning to Pharmaceutical Companies

“The Ninth Circuit has reopened a door for off-label marketing prosecutions, and it is important to review your compliance and risk management programs in light of this recent decision.” (Sheppard Mullin) Earlier this month, the Ninth Circuit issued an opinion that sends an important warning to pharmaceutical manufacturers: the First Amendment doesn’t protect off-label marketing… Read more »