Case Detail

Allergan v. United States
On September 1, 2010, the parties reached a settlement of all issues related to the federal government’s allegations that Allergan improperly promoted one of its pharmaceutical products. As part of the settlement, Allergan agreed to dismiss this lawsuit, which raised a First Amendment challenge to FDA’s efforts to restrict drug makers’ truthful speech about their products. In November 2010, WLF filed a brief in U.S. District Court for the District of Columbia in support of that challenge. WLF urged the court to uphold First Amendment rights by limiting FDA’s authority to bar drug manufacturers from speaking truthfully about off-label uses of their products. WLF argued that FDA failed to provide sufficient justification for interfering with such speech when directed to medical professionals. WLF argued that FDA had failed to demonstrate that its speech restrictions directly advanced any substantial government interests, and that the restrictions were narrowly tailored.
Case Status:
Dispute settled and lawsuit voluntarily dismissed.
More Information and Downloads:
11/19/2009: Download the Brief

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