This is belated notification of one of Forbes column from last month: “Free Speech 1, FDA 0“.

I discuss an update to my earlier Forbes piece on drug company Amarin’s fight to engage in free speech in the form of off-label marketing of one of its products.

Basically, Amarin wanted to give truthful medical information to doctors which would allow them to more effectively use one of their drugs in a way that was legal, but not FDA-approved. The FDA forbade Amarin from engaging in such speech, and Amarin sued the FDA.

Last week, Amarin won an important legal victory in federal court. Judge Paul Engelmayer came down firmly on the side of free speech.

For more details see the full text of, “Free Speech 1, FDA 0“.

(Earlier Forbes piece, “Drug Company Amarin Stands Up For Free Speech Against FDA“, 5/8/2015.)

My latest Forbes column is now up: “Drug Company Amarin Stands Up For Free Speech Against FDA“.

Here is the opening:

Even as Americans heatedly argue the issue of free speech with respect to cartoon criticisms of Islam, the small drug company Amarin is striking a quieter blow for its free speech rights against the Food and Drug Adminstration (FDA).

The key issue is whether drug companies can tell doctors truthful information about their products that pertains to “off-label” uses (i.e., for applications not already explicitly approved by the FDA.)

Of course, drug companies should not be allowed to disseminate false or misleading information about their products.  That can and should be punished as fraud.

But both doctors and patients benefit when drug companies are allowed to publish truthful information.

Bonus infographic on the onerous FDA approval process!