Marc Scheineson was a featured panelist during the Plenary Session, "Practical Impact of Caronia and First Amendment Implications," at this conference sponsored by the Food and Drug Law Institute (FDLI).
The recent landmark decision in U.S. v. Caronia builds on a line of First Amendment cases, including IMS Health Inc. v. Sorrell, which question the foundation of prosecuting off-label promotions in all areas of food and drug law. The Caronia decision raises the issue of prosecutorial discretion and suggests that drug, medical device, food, cosmetic and tobacco stakeholders may have a First Amendment defense to a wide range of Federal Food, Drug and Cosmetic Act requirements. This session discussed how these cases will be practically applied in defending future prosecutions. This panel also addressed whether marketing and sales personnel should behave differently in light of Caronia.
Alston & Bird was a sponsor of this conference.
April 23 - 23, 2013