A Prescription for Change: Citizens United’s Implications for Regulation of Off-Label Promotion of Prescription Pharmaceuticals

Abstract:     
This Note examines the complex regulatory structure that controls off-label promotion of prescription pharmaceuticals. Using the recent case of United States v. Caronia as an example of the unconstitutional shortcomings of this regulatory scheme, the Note analogizes the FDA's obstruse regulatory scheme to the corporate campaign contributions limitations struck down in Citizens United v. FEC, and argues that the same logic applied in Citizens United should be applied to the regulation of truthful speech regarding prescription pharmaceuticals.

Number of Pages in PDF File: 46

Keywords: pharmaceuticals, Citizens United v. FEC, United States v. Caronia, first amendment

Accepted Paper Series