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Breath of a Salesman: Off-Label Case Won on Free-Speech Basis

By Randy Osborne
Staff Writer

Tuesday, December 4, 2012

In a decision hailed by some as a free-speech victory and by others as a ruling that gives drugmakers free rein to promote their goods off-label, federal appeals judges threw out the conviction of a former sales representative with Orphan Medical Inc. (acquired by Jazz Pharmaceuticals plc), who claimed his First Amendment rights were violated.

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