Off-Label Prosecutions Hinge On Patient Benefit, Government Attorneys Say

Federal prosecutors say they will not pursue False Claims Act cases in which off-label use is the standard of care and note that the Caronia decision will have little impact on investigations; First Amendment defense fails in Par and Harkonen cases.

Federal prosecutors remain in hot pursuit of pharma companies that engage in off-label promotion. But they may give drug makers a free pass if the unapproved use being touted has become the standard of care.

Heidi Wendel, Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of New York, and Maureen Ruane,...

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