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In the Courts
Second Circuit Vacates Conviction of Pharmaceutical Sales Rep
On Dec. 3, 2012, the U.S. Court of Appeals for the Second Circuit, in United States v. Caronia, 703 F.3d 149 (2d Cir. 2012), vacated the criminal conviction of former pharmaceutical sales representative Alfred Caronia, whose conviction stemmed from off-label promotion of a Food and Drug Administration (FDA)-approved drug. Notably, the court based its decision on First Amendment grounds, and held that the government cannot prosecute pharmaceutical manufacturers and their representatives “for speech promoting the lawful, off-label use of an FDA-approved drug.” Id. at 169.
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