Article

Off-Label Drug Marketing, the First Amendment, and Federalism

Author: David Orentlicher (Indiana University Robert H. McKinney School of Law)

Abstract

This article focuses on the unique nature of prohibited disclosures within the health care field. Specifically, this article details the relationship between restrictions on off-label drug use advertising and constitutionally protected free speech. Orentlicher explores the conflict between regulation of off-label drug use through direct prohibition versus regulation through indirect advertising restrictions. Ultimately, Orentlicher argues that pharmaceutical companies should not be able to invoke first amendment arguments against off-label advertising restrictions due to the potential for harm to the consumer.

Keywords: First Amendment, Federalism, Free speech, Off-label drug marketing, Advertising, Regulation, FDA

How to Cite: Orentlicher, D. (2016) “Off-Label Drug Marketing, the First Amendment, and Federalism”, Washington University Journal of Law and Policy. 50(1).