• Newly Filed Free Speech Case May Set Up Off-Label Court Fight
  • December 2, 2011 | Authors: Christopher R. Hall; Gregory G. Schwab
  • Law Firm: Saul Ewing LLP - Philadelphia Office
  • Par Pharmaceutical filed suit last month against the federal government, seeking to preserve its First Amendment right to provide information to doctors about its prescription drug Megace ES. The suit calls to mind a similar case brought by Allergan in 2009 against the government regarding its right to promote its drug Botox. Allergan dropped that suit as part of a $600 million settlement with the government in September 2010, so the constitutional issues were never reached. But unlike the Allergan suit, Par seeks to challenge government regulations that it contends criminalize its truthful and non-misleading speech about FDA-approved uses - not just unapproved or off-label uses.