U.S. Court Reverses Drug Rep's Conviction

U.S. Court Reverses Drug Rep's Conviction

A federal appeals court has recently reversed the conviction of a salesman by stating that the U. S. government can't prosecute pharmaceutical makers and their sales staff for promoting drugs for lawful, unapproved uses.

According to the U. S. Food, Drug and Cosmetic Act, or FDCA, doctors have authority to prescribe drugs for unapproved uses but the rules do not allow the drug makers and their sales representatives to promote such prescriptions.

The news is talking about the case of Mr. Alfred Caronia, a sales representative for Orphan Medical Inc., who was convicted in the year 2008 upon charges of playing conspiracy and illegally introducing a misbranded drug into market. He was caught promoting the narcolepsy medication Xyrem for unapproved uses.

Following which, Mr. Caronia appealed in the court that conviction has violated his First Amendment right of freedom of speech, which has been now well supported (today) by the U. S. Court of Appeals in New York that has ruled out that the government has "clearly prosecuted Caronia for his words". The court has also reversed the conviction.

"The government cannot prosecute pharmaceutical manufacturers and their representatives under the FDCA for speech promoting the lawful, off-label use of an FDA-approved drug", U. S. Circuit Judge Mr. Denny Chin said in a
2-1 decision.


FrenchTribune Specials

GYC helps Install Bear-Proof Storage Boxes in Public Campgrounds

Grizzly bears have been provided protection by the federal government to ensure they have better conditions to live in the greater Yellowstone area. However, there seems to be a need to do more to make sure they are out of the woods.

The Greater Yellowstone Coalition (GYC) joined hands with the US Forest Service this summer to begin...

Most Popular

Extinction of the biggest shark resulted large size of whales

Experts have said that theextinction of the biggest...

Crew saves two Beached Pilot Whales at Sunbury Cove

Crew members have been able to save two pilot whales at...

Weight-loss surgery can lead to severe headaches

After weight reduction surgery, a few patients may be at...

Toyota sells partial stake in Tesla Motors

In a recent announcement, world's biggest automaker...

Poll

Can Greece Come out of Economic Problems: