O'Melveny Lawyers Co-Author Article on Constitutionality of Regulatory Ban on Off-Label Marketing

February 17, 2012

O'Melveny & Myers LLP partner David Deaton, senior counsel David Leviss, and associate Caitlin Bair co-authored the article "Is Sorrell the Death Knell for FDA's Off-Label Marketing Restrictions?" in the February 2012 issue of the Journal of Health & Life Sciences Law. The article explores how the Supreme Court's recent decision in Sorrell v. IMS Health presents an unexpected development in First Amendment jurisprudence that could lay the groundwork for a direct attack on the constitutionality of the strict regulatory ban on off-label marketing.