A Jazz Pharmaceuticals (JAZZ) drug sales rep convicted for illegally promoting the date-rape drug GHB as a weight-loss product has appealed his sentence on the grounds that he had a First Amendment free speech right to speak the “truth” about the drug.
If the federal appeals court rules in Alfred Caronia’s favor, it would virtually decriminalize the promotion of unapproved, often dangerous, “off-label” uses of pharmaceuticals. Previously, courts have rejected this specific argument, but the federal judiciary is becoming increasingly sympathetic to wrongdoing by drug companies in other cases.
via bnet.com
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