First amendment defense to off-label promotion claims

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Discuss the First Amendment defense to off-label promotion claims. Do you agree that companies should be permitted to share truthful, non-misleading information with customers? Why? How, if at all, should the First Amendment aspect of off-label promotion influence the compliance programs that companies implement? How should the government distinguish between truthful, non-misleading speech and false and misleading claims when evaluating a company's promotion of a drug or medical device?

Reference no: EM133682808

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