Turpentine, Arsenic and Xyrem: The Caronia Dissent
This article was originally published in RPM Report
Executive Summary
In December, the federal appellate court in Manhattan overturned the conviction of a former Orphan Medical sales rep, issuing a broad ruling declaring that truthful, off-label communication is protected by the First Amendment. There was one dissent on the three-judge panel—and FDA officials like Bob Temple hope that the dissent gets more attention than the majority ruling.