Revisiting 'Off-Label' Drug Promotion Resolutions in Light of 'Caronia'

Peter G. Neiman, Seth B. Orkand and Peter K. Vigeland of WilmerHale write that although the Second Circuit's recent decision in 'Caronia' addressed a prosecution based only on truthful speech by a pharmaceutical sales representative, the logic of the decision would seem to reach more broadly, calling into question the government's theory underlying many prior off-label promotion cases which had resulted in large criminal fines, forfeitures, and related civil settlements.

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