COMMERCIAL DRUG CLAIMS, THE FDA, AND THE FIRST AMENDMENT

COMMERCIAL DRUG CLAIMS, THE FDA, AND THE FIRST AMENDMENT

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COMMERCIAL DRUG CLAIMS, THE FDA, AND THE FIRST AMENDMENT

dc.contributor.advisor	Hutt, Peter Barton	en_US
dc.contributor.author	Hellman, Matthew	en_US
dc.date.accessioned	2012-06-07T20:43:26Z
dc.date.issued	2001	en_US
dc.identifier.citation	COMMERCIAL DRUG CLAIMS, THE FDA, AND THE FIRST AMENDMENT (2001 Third Year Paper)	en
dc.identifier.uri	http://nrs.harvard.edu/urn-3:HUL.InstRepos:8852198
dc.description.abstract	In two strands of what can only be described as extremely protracted litigation, the courts have begun to articulate a framework by which to evaluate these competing claims. Although the doctrine is hardly settled, in two lines of cases, Washington Legal Foundation v. Friedman and Pearson v. Shalala, courts have shifted the doctrine from requiring a unilateral ban on non-FDA approved advertising to a regime in which manufacturers of drugs and dietary supplements have more freedom to publicize their products, so long as they are accompanied with appropriate disclaimers. I argue in this paper that while this more nuanced approach is surely an improvement over the FDAâ€™s adamant refusal to acknowledge any First Amendment protection for these claims, it is still not entirely clear how much protection these claims should deserve in the face of public safety concerns. Because courts have not fully considered these countervailing concerns in granting First Amendment protections we must wait for a fully articulated and justifiable framework for weighing the speech interests in these cases against the interest of public safety.	en
dc.language.iso	en_US	en
dash.license	LAA	en_US
dc.subject	Food and Drug Law	en
dc.subject	commercial speech	en
dc.subject	FDA	en
dc.subject	First Amendment	en
dc.title	COMMERCIAL DRUG CLAIMS, THE FDA, AND THE FIRST AMENDMENT	en
dc.type	Paper (for course/seminar/workshop)	en_US
dc.date.available	2012-06-07T20:43:26Z