Within recent years the effect of the First Amendment on FDA-controlled speech has drastically changed. Courts have stated standards for what FDA can do in controlling speech in advertisements. The difficult question is predicting the practical impact of these court decisions. FDA still has enormous authority to control speech and labeling. In this presentation we discuss the balance between FDA control of indications versus court restrictions on FDA control of speech.
Device Advertising and the First Amendment: Your Rights was presented by Robert J. Klepinski, with Fredrikson & Byron, and aired on 2007-08-23. For more details or to download this audio conference, please visit our site at www.fxconferences.com