IMS Health v. Sorrell – Implications for Federal Regulation of Pharmaceutical Marketing?

Abstract

ABSTRACT In an era of increased scrutiny of laws regulating corporate speech, state and federal regulators must balance regulation of the prescription drug market with the budgetary and public health needs. One area of contention is the use of prescriber data for pharmaceutical marketing. Claiming a need to protect physician privacy and the state budget, Vermont limited access to this data. Pharmaceutical companies and data processors filed suit, claiming a violation of their First Amendment rights. The Supreme Court recently heard the case. The outcome could have broad implications not only for states’ ability to protect privacy but also for FDA’s restrictions on pharmaceutical marketing. If the Supreme Court chooses to invalidate Vermont’s law, FDA’s regulation of off-label promotion could be ripe for a judicial challenge.