Case Tests Tension Between False Claims Act and First Amendment
By Marlene Koury
The much claimed but never proven tension between the False Claims Act (“FCA”) and First Amendment is being tested again in United States v. Millenium Pharmaceuticals Inc.,
currently pending in the Eastern District of California.
The whistleblower, a former pharmaceutical sales representative, alleges in his complaint that Millennium Pharmaceuticals illegally promoted the off-label use of...