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FDA & First Amendment

This article was originally published in The Tan Sheet

Executive Summary

CHPA endorses PhRMA's stance that agency restrictions on use of trademarks, trade names approved by PTO raises "serious First Amendment issues about FDA's authority to restrict speech without proof that consumers would be confused or misled." In Oct. 28 comments to agency, CHPA reiterates PhRMA's objections to agency's practice of rejecting trade names "on the basis that use of those trade names is likely to create confusion without providing evidence of actual confusion." In separate comments on free speech issues related to health claims, CRN urges agency to "adopt the view that it is possible for a qualified health claim to be supported by significant scientific agreement regarding the positive balance of the evidence and thus be fully acceptable as an NLEA health claim"...
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