PhRMA To FDA: Weigh Payer Communication Before 1st Amendment Issue

PhRMA To FDA: Weigh Payer Communication Before 1st Amendment Issue

November 4, 2016, FDA Week

Michael Labson spoke at the FDLI Annual Advertising Conference and is quoted in an FDA Week article regarding communication between drug makers and payers under a section of the FDA Modernization Act. According to Labson, first amendment jurisprudence may make concerns over FDAMA 114 a non-issue. "If the first amendment idea that you have a constitutional right to truthful and nonmisleading speech were to prevail and be applied more broadly then all of these nuances about FDAMA 114 would not need to be decided. So long as the speech is truthful and nonmisleading, you can make that speech to the payer or to someone else.”