Tuesday, November 5, 2013

US Food and Drug Administration–Approved Laboratory Tests After Caronia


Timothy Craig Allen MD, JD
“The FDA prohibition against the promotion of off-label uses of drugs has, as its sole objective, the protection of the FDA's undeserved monopoly over information. The supposed conspiracy for which Caronia was convicted has a better name: productive cooperation….” 7 The impact of Caronia, particularly as it comes on the tail end of a long line of FDA First Amendment court losses, is likely to be more significant than stakeholders, financially interested in maintaining the status quo, might wish. Indeed, Caroniamay make a significant step in returning the FDA to a position of less than limitless power. Because as it stands now, the FDA's power “does not square with any defensible conception of individual autonomy or free speech.” 7 At least, that was how things were before Caronia.

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