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Preliminary Injunctions › Prescription Drugs › Commercial Speech

Mintz - Health Care Viewpoints

Federal Court Issues Preliminary Injunction Against Iowa PBM Law, Citing ERISA Preemption and First Amendment Violations

Mintz - Health Care Viewpoints on

On July 21, 2025, the U.S. District Court for the Southern District of Iowa issued a comprehensive preliminary injunction blocking enforcement of key provisions of Iowa Senate File 383 (the Act), a sweeping law aimed at...more

Jackson Walker

Another Successful First Amendment Challenge to the Prohibition of Off-Label Promotion for FDA-Approved Drugs

Jackson Walker on

The Free Speech Clause of the First Amendment prevailed in the latest challenge to the FDA's prohibition against marketing FDA-approved drugs for off-label (or non-FDA-approved) uses. Applying the Second Circuit’s...more

Mintz - Health Care Viewpoints

First Amendment Protects Truthful Off-Label Speech by Drug Manufacturers

Mintz - Health Care Viewpoints on

Pharmaceutical manufacturers have likely taken note of Amarin Pharma Inc.’s recent success in a pre-enforcement legal challenge against the Food and Drug Administration (FDA or the Agency). On August 7, 2015, Amarin obtained...more

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