By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: SCOTUS Rules on a Couple of Important Pharma Cases
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > SCOTUS Rules on a Couple of Important Pharma Cases
Policy & Law

SCOTUS Rules on a Couple of Important Pharma Cases

MichaelDouglas1
MichaelDouglas1
Share
4 Min Read
SHARE

Clarence Thomas wrote for the 5-4 decision in which companies were shielded from lawsuits by consumers suffering from adverse effects of certain drugs. Anthony Kennedy, the SCOTUS justice often seen as the court’s swing vote, wrote for the majority opinion in another pharma case which strikes down a Vermont law that banned companies from using data mining techniques to obtain information about the prescription drugs individual doctors have a preference in prescribing.

Clarence Thomas wrote for the 5-4 decision in which companies were shielded from lawsuits by consumers suffering from adverse effects of certain drugs. Anthony Kennedy, the SCOTUS justice often seen as the court’s swing vote, wrote for the majority opinion in another pharma case which strikes down a Vermont law that banned companies from using data mining techniques to obtain information about the prescription drugs individual doctors have a preference in prescribing.

Federal law requires the makers of brand-name drugs to label their products with FDA-approved warning information and to update the warnings when reports of new problems arise. But in a 5-4 decision, the high court said this same legal duty to warn patients of newly revealed dangers did not extend to the makers of copy-cat generic drugs.

I actually agree with Thomas on this decision. Fed law should trump state law in this case. Generic formulations are essentially chemical equivalents of their branded predecessors and, as such, really cannot be held accountable to novel warnings not appearing on the branded parent drug. A ruling in the reverse could open the door to flurries of suits for a range of untoward events for a multitude of generics — only adding to the cost of already fiscally overburdened healthcare delivery at the outset of reform (emphasis below, mine).

In the second decision, the court by a 6-3 vote struck down a Vermont law that barred pharmacies, drug makers and others from buying or selling prescription records from patients for marketing purposes. […] Writing for the court, Justice Anthony M. Kennedy said that “information is speech,” and that under the 1st Amendment, the government usually cannot restrict speech because it does not approve of the message. “If pharmaceutical marketing affects treatment decisions,” he said, it does so because doctors find it persuasive”.

Exactly. This case highlights the effect Pharma representatives have always had on the prescribing patterns of physicians and protects the ultimate decision maker at the point of healthcare delivery — the provider. Is it any wonder why reps have been essentially banned from many healthcare systems in many markets nationwide? | LINK

More Read

Health Wonk Review: September
Top 8 ACA Delays: Blatantly Illegal or Temporary Courses of Action?
Overview of the FDA Approval Process
Analysis: Access To Health Care Beginning To Look Like Airline Travel
How to Get Kids to Wear Face Masks

Related posts:

  1. Senate Bill to Prohibit Competition-Stifling Move by Pharma Introduced Two-thousand nine is being dubbed “the year of the generic”….
  2. Supreme Court Ruling Offers Admonition to Big Pharma In a recent SCOTUS ruling, the high court decided 6-3 (Alito,…
  3. Obama’s Brand of Tort Reform Moves Toward State Rules With Respect to Product Liability In the march toward his overall healthcare reform plan, President…

 

TAGGED:drug warningspharmaceuticals
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5KFollowersLike
4.5KFollowersFollow
2.8KFollowersPin
136KSubscribersSubscribe

Latest News

medical emergency
A Clear Guide To Medical Emergency Decision Making
Health Infographics
May 23, 2026
germs issues in schools
The Most Common Germ Hotspots In Schools
Health Infographics
May 23, 2026
healthy child development
A Practical Checklist For Supporting Healthy Child Development
Health Infographics
May 23, 2026
urban healthcare clinics challenges
Why Front Desk Delays Continue To Challenge Urban Healthcare Clinics
Health Infographics
May 23, 2026

You Might also Like

FDA and 23andMe
BusinessNewsPolicy & LawPublic Health

23andMe Suspends Genetic Testing During Review Process

December 9, 2013
Image
Public Health

10 Innovative Ways to Improve the Patient Experience

August 1, 2012

PPACA a Victory for Conservatives?

April 15, 2011

Transforming Medicaid via the Medical Home Model

February 24, 2013
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?