Case Detail

In re FDA Request for Comments on First Amendment Issues
(Regulatory Proceeding)
On September 13, 2002, WLF filed detailed comments with the Food and Drug Administration (FDA), urging FDA to modify its regulatory activities so that they no longer violate the First Amendment rights of those seeking to speak truthfully about pharmaceutical products. WLF argued that recent court decisions, including WLF's landmark victory in WLF v. Henney, make clear that FDA's activities are subject to significant First Amendment constraints. WLF asked FDA to ease its restrictions on direct-to-consumer advertising and on dissemination of information about off-label uses of FDA-approved products. On October 28, 2002, WLF filed additional comments, responding to congressional Democrats and others who believe that FDA should regulate speech even more extensively.
Case Status:
Awaiting FDA action.
More Information and Downloads:
10/28/2002: Download the Comments

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