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?

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The First Amendment defense to offlabel promotion claims in the context of pharmaceuticals and medical devices is a complex legal and ethical issue Heres a detailed discussion along with potential sol... View the full answer