A landmark appeals court ruling that the government cannot prosecute pharmaceutical manufacturers under the Federal Food, Drug & Cosmetic Act’s misbranding provisions solely for off-label promotion likely will reshape the FDA and Justice Department’s approach to bringing such actions against medical product makers but will not foreclose them, industry attorneys say.
In a 2-1 opinion issued Dec. 3, a panel of the Second Circuit U.S. Court of Appeals said the government cannot prosecute manufacturers or their representatives under the...
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