Rx Data Mining Opponents Will Need New Pitch After Supreme Court Strikes Down Vermont Law
This article was originally published in The Pink Sheet Daily
The court affirms the Second Circuit's ruling that a Vermont statute prohibiting drug companies from using Rx data to market to doctors imposes an impermissible restriction on free speech.
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PhRMA and Pfizer attorneys criticize the rule’s broad evidence standard, lack of safe harbors, and disregard of the First Amendment. Opposition to the rule is expected to continue to play out in lawsuits.
Ban on WAC price increases violates Commerce Clause and reporting requirement violates First Amendment, PhRMA contends; complaint says state officials have not clarified whether law is retroactive.
Courts have issued mixed rulings in cases challenging FDA restrictions on drug promotion, but with oral arguments set for July 7, Amarin’s suit could provide a definitive answer on what companies can tell physicians.