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Defendant Cites First Amendment in Off-Label Promotion Case

April 28, 2010
A former drug sales representative convicted of conspiring to promote the narcolepsy drug Xyrem for off-label use has appealed the case in federal court on First Amendment grounds. In a brief filed recently in the U.S. Court of Appeals for the Second Circuit, Alfred Caronia argues that because he did not say anything false about the drug, he is protected by the First Amendment from being prosecuted for making truthful statements. The case revolves around Caronia’s position as a sales representative with Orphan Medical.
Drug Industry Daily