WESTERN STATES MEDICAL AND OTHER PROBLEMS WITH THE DOCTRINE CONCERNING FDA REGULATION OF COMMERCIAL SPEECH

Abstract

This paper will attempt to explain the current state of how commercial speech doctrine affects FDA regulation by looking closely to a recently decided case: Thompson v. Western States Medical. This case will then be used as platform from which to critique current commercial speech doctrine and suggest changes. This paper will then turn to other recent developments in the law, both in caselaw and legal scholarship, which may have profound effects on how we think about commercial speech.