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Report concludes FDA violates First Amendment
Healthcare Strategist Trend Watch, August 11, 2006
The conservative think tank Washington Legal Foundation has released a report that claims the Food and Drug Administration's (FDA) regulation of prescription drug promotion routinely violates the First Amendment. The group says the FDA orders "suppression of truthful speech, demands manufacturers engage in 'corrective advertising,' and violates federal law by using compliance letters to adopt new agency policies regarding product promotion," according to a WLF release.
The Foundation has submitted a petition requesting that the FDA undertake a review of their policies and practices to bring them into compliance with the First Amendment. Attorneys representing the Foundation said that they are considering litigation if the FDA fails to take immediate steps to bring itself into compliance, according to the release.
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