Journal of Law & Policy, Vol. 19, p. 867, 2011
46 Pages Posted: 22 Jul 2011
Date Written: June 1, 2011
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.
Keywords: pharmaceuticals, Citizens United v. FEC, United States v. Caronia, first amendment
Suggested Citation: Suggested Citation
LaSalle, Kristie Anne, A Prescription for Change: Citizens United’s Implications for Regulation of Off-Label Promotion of Prescription Pharmaceuticals (June 1, 2011). Journal of Law & Policy, Vol. 19, p. 867, 2011. Available at SSRN: https://ssrn.com/abstract=1891992