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Pharmaceutical Promotion to Physicians and First Amendment Rights

List of authors.
  • Aaron S. Kesselheim, M.D., J.D.,
  • and Jerry Avorn, M.D.

Legal restrictions on off-label promotion of drugs are being challenged in the courts as a violation of First Amendment protection of “commercial speech.” The authors argue that public health concerns make pharmaceutical promotion different from other commercial speech and that more stringent regulation should be permitted.

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Funding and Disclosures

Supported in part by a grant from the Attorney General Prescriber and Consumer Education Grant Program.

Dr. Kesselheim reports receiving payment from the state of New Hampshire for analyzing the effect of pharmaceutical promotion on prescribing patterns of physicians in a case concerning the sale of prescription data. Dr. Avorn reports providing expert testimony in that case but receiving no compensation for his work.

Author Affiliations

From the Division of Pharmacoepidemiology and Pharmacoeconomics, Department of Medicine, Brigham and Women's Hospital and Harvard Medical School, Boston.

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