On Dec. 3, 2012, the U.S. Court of Appeals for the Second Circuit issued a decision in United States v. Caronia that has the potential to turn the criminal enforcement scheme of the Federal Food, Drug and Cosmetic Act, or FDCA, on its head. A majority of the three-judge panel held that the FDCA cannot be construed to “criminalize the promotion of a drug’s off-label use” because such a construction would be at odds with First Amendment free speech rights. As the dissenting panel member noted, the Caronia ruling “calls into question the very foundations of our century-old system of drug regulation.”
To view this content, please continue to Lexis Advance®.
Not a Lexis Advance® Subscriber? Subscribe Now
LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.
ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.
For questions call 1-877-256-2472 or contact us at email@example.com