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Drug Promotion: Exclusivity Warrants Narrow Exception From Free Speech Protections

 
• By Sue Sutter

AbbVie and Daiichi tell US FDA that manufacturers’ communications should not be considered protected speech if they infringe exclusivity rights of other companies; comments seem aimed at restricting what competitors can say about protected claims for Humira and MorphaBond.

The First Amendment does not protect a drug manufacturer’s communications when the speech at issue could reduce the value of another company’s exclusivity, two pharmaceutical companies say.

In separate comments on an FDA draft guidance about medical product communications that are consistent with labeling, Daiichi Sankyo...

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