Legal Opinion

Washington Legal Foundation v. Henney

Court of Appeals for the D.C. Circuit

Decided February 11, 2000No. 99-5304PublishedCited by 45 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The government appeals a district court decision holding that the Food and Drug Administration Modernization Act of 1997, which establishes procedures by which drug and medical device manufacturers may disseminate information about “off-label” uses for their products, violates the First Amendment. In light of the government’s appellate position that the statute does not provide it with independent authority to proscribe speech, we dismiss the appeal and vacate the district court’s injunction.

To secure Food and…

2Cases cited13 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  3. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  4. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  5. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976

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3Cited by45 opinions

  1. In Re Schering Plough Corp. Intron/Temodar Consumer Class ActionCourt of Appeals for the Third Circuit · 2012
  2. United States Ex Rel. Nathan v. Takeda Pharmaceuticals North America, Inc.Court of Appeals for the Fourth Circuit · 2013
  3. Sidney Hillman Health Center o v. Abbott Laboratories, IncorporaCourt of Appeals for the Seventh Circuit · 2015
  4. United States v. CaroniaCourt of Appeals for the Second Circuit · 2012
  5. United States Ex Rel. Franklin v. Parke-Davis, Division of Warner-Lambert Co.District Court, D. Massachusetts · 2001

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