Stiff Amgen Fine Shows No Slowing Down in Government Prosecution of Off-Label Marketing
By Gordon Schnell
It was only two weeks ago that the Second Circuit Court of Appeals came down with its groundbreaking decision in U.S. v. Caronia
. In a 2-to-1 ruling by a three-judge panel, the appeals court overturned the conviction of a drug company sales representative for promoting a prescription drug for uses not approved by the FDA. The majority reasoned that banning such off-label marketing violated the...