In a case that could have broad ramifications for the
pharmaceutical industry, a federal appeals court on Monday threw out the
conviction of a sales representative who sold a drug for uses not approved by
the Food and Drug Administration. The judges said that the ban on so-called
off-label marketing violated the representative’s freedom of speech.
The 2-to-1 decision by a three-judge panel of the Court of
Appeals for the Second Circuit in Manhattan addresses a long-running and costly
issue for the industry, which has paid billions of dollars in penalties to the
federal government in recent years after being accused of marketing blockbuster
drugs for off-label uses.
In July, for example, the British drug maker GlaxoSmithKline
agreed to pay $3 billion in fines, in part for promoting antidepressants and
other drugs for unapproved uses; a month later, Johnson & Johnson announced
that its pharmaceutical unit had reached a $181 million consumer fraud
settlement with 36 states and the District of Columbia over its marketing of
Risperdal, an antipsychotic drug. (Más)
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