Pharmaceutical sales reps, and by extension the companies they work for, are protected by their right to free speech even when on the job, according to a 2-1 decision by the U.S. Court of Appeals in New York. “The majority calls into question the very foundations of our century-old system of drug regulation” said Judge Debra Ann Livingston in her dissent, a system “developed to protect consumers from misleading and unsubstantiated claims about drugs’ safety and efficacy…”
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Pharma can’t be prosecuted for off-label marketing, court rules