Legal Opinion
Western States Medical Center v. Shalala
Court of Appeals for the Ninth Circuit
Decided February 6, 2001No. 99-17424PublishedCited by 8 opinions
1Opinion of the Court
CYNTHIA HOLCOMB HALL, Circuit Judge:
This appeal requires us to assess the constitutionality of two subsections of the Food and Drug Administration Modernization Act of 1997 (“FDAMA”), 21 U.S.C. § 353a. Subsections §§ 353a(a) and (c) of FDAMA prohibit drug providers from promoting or advertising particular compounded drugs. In return, the providers are exempted from the standard drug approval requirements imposed by the Food and Drug Administration. Plaintiffs seek to enjoin the enforcement of these subsections, contending that they violate the First Amendment’s guarantee of free speech. The…
2Cases cited14 opinions
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- 44 Liquormart, Inc. v. Rhode IslandSupreme Court of the United States · 1996
- Edenfield v. FaneSupreme Court of the United States · 1993
- Florida Bar v. Went for It, Inc.Supreme Court of the United States · 1995
- Alaska Airlines, Inc. v. BrockSupreme Court of the United States · 1987
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3Cited by8 opinions
- Thompson v. Western States Medical CenterSupreme Court of the United States · 2002
- United States of America, Appellant/cross-Appellee v. Adrian F. Searcy, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2002
- National Mining Association v. Ryan ZinkeCourt of Appeals for the Ninth Circuit · 2017
- In Re Establishment Inspection Of: Wedgewood Village Pharmacy, Inc.District Court, D. New Jersey · 2003
- Thompson v. Western States Medical CenterSupreme Court of the United States · 2002
3 more not listed; retrieve them via the Exa API.