Alan Minsk Quoted in Law360 on FDA’s Legal Challenges in Drug Advertising Crackdown

Alan Minsk, partner and chair of AGG’s Food & Drug practice, was quoted in a Law360 article analyzing FDA’s efforts to restrict direct-to-consumer (“DTC”) pharmaceutical advertising and the legal hurdles the agency may face.

Alan noted that FDA has previously lost First Amendment challenges when regulating drug promotion and emphasized that the outcome of any new rulemaking will depend on how carefully the agency tailors its approach.

“We know that FDA has faced, and at times, lost legal challenges on First Amendment grounds when it comes to product promotion,” Alan said. “The agency might learn from those cases in how it creates any new rules or requirements.”

The article explores how the administration’s proposal to close the so-called “adequate provision” loophole could reshape DTC advertising and lead to significant litigation over commercial free speech.

To read the full article, please click here (subscription required).