Off label use, targeted marketing , and freedom of speech
FYI: From the NY Times...
Ruling Is Victory for Drug Companies in Promoting Medicine for Other Uses
By KATIE THOMAS
Published: December 3, 2012
This has been a very convoluted issue in the past...particularly wrt interpretation and enforcement. Non-compliance has actually resulted in heavy fines. This is the most current ruling I could find...and it's jurisprudence is pertinent only to the 2nd District Court (NY) at this time. For an interestingly broad spectrum drug like Cometriq, the legal ramifications of marketing toward off label use are every bit as large as the potential of the drug itself.