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Court Overturns Rx Marketing Law

HEALTHCARE PRIVACY—U.S.

November 24, 2010

ModernHealthcare reports that the Second U.S. Circuit Court of Appeals in New York has overturned a Vermont law restricting the use of prescription drug data in the marketing of pharmaceuticals to physicians. The court, in a split decision, found that the 2007 law constituted "an impermissible restriction of commercial speech." This decision contradicts an August ruling by the First U.S. Circuit Court of Appeals in Boston, MA, upholding a similar law in Maine. And, the U.S. Supreme Court refused to hear a similar appeal to a New Hampshire prescription drug marketing law in June of 2009. (Registration may be required to access this story.)
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