Three AGG Attorneys Quoted in Article About Off-label Drug Promotion Ruling

The medical device trade paper The Gray Sheet reported on the government’s loss in U.S. v. Caronia and quoted AGG attorneys Sara Lord, Alan Minsk and William Kitchens. The U.S. Court of Appeals for the Second Circuit, in overturning a lower court decision, ruled that the government cannot prosecute pharmaceutical companies for speech promoting lawful, off-label use of an approved drug. Ms. Lord, a former Department of Justice attorney, opined on how the DOJ might respond to the Court of Appeals decision. Mr. Minsk said the government is unlikely to scale back its enforcement actions. Mr. Kitchens stated that the decision might prompt businesses to be more aggressive about fighting back.