U.S. v. Caronia, No. 09-5006-cr (2nd Cir.) (703 F.3d 149) (December 3, 2012) (Judge Denny Chin)
Defendant's conviction for conspiracy to introduce a misbranded drug into interstate commerce in violation of the Federal Drug and Cosmetic Act (FDCA), is vacated and remanded where the government cannot prosecute pharmaceutical manufacturers and their representatives under the FDCA for speech promoting the lawful, off-label use of an FDA-approved drug. ...
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