Off-Label Drug Promotion and the First Amendment

Daniel M. Gitner, a partner at Lankler Siffert & Wohl, and Patrick P. Garlinger, an associate at the firm, analyze the Second Circuit's recent holding in 'United States v. Caronia' and conclude that in response to that decision the government may undertake an even more stringent and aggressive approach to investigating potential violations of the misbranding provisions of the Food, Drug, and Cosmetic Act.

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