While the prescription of medicine for off-label use is legal, the FDA prohibits pharmaceutical companies from promoting these uses in any way, claiming that said companies are engaging in misbranding.

Is this regulation of pharmaceutical companies by the FDA a violation of the First Amendment? Christina Sandefur of the Goldwater Institute explores the issues surrounding off-label promotion.

As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.

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Learn more about Christina Sandefur: https://goldwaterinstitute.org/team/christina-sandefur/