Federal Court Grants First Amendment Injunction in Amarin Case

Florham Park partner Ken Wilbur authored “Federal Court Grants First Amendment Injunction in Amarin Case,” for Life Sciences Now, which was republished by the National Law Review. A decision handed down in the Southern District of New York granted Amarin Pharma’s request for a preliminary injunction barring the FDA from pursuing misbranding actions against Amarin. The decision confirms the Caroina standing that the government cannot prosecute pharmaceutical manufacturers or their representatives under the FDCA for speech which promotes lawful, off-label use of an FDA-approved drug.

In this article, Ken examines the history behind the cases, and what this decision might mean for the pharmaceutical industry going forward.

Read “Federal Court Grants First Amendment Injunction in Amarin Case.”