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

IVF in Simple terms
Strong success: Massachusetts Health Reform at 5 Years
How to Secure Data in Healthcare
Caution Lights down the Track – UK Dismantles HIT Program
Survey: Public Opinion on ACA Ahead of SCOTUS Ruling

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

photo of a woman with red hair holding a brown brush
How Long Does It Take to Recover from Hair Fall?
Fitness
June 12, 2026
a person putting a bandage on a woman s head
How a car accident can leave hidden injury patterns
Global Healthcare
June 12, 2026
emergency medical simulation with rescue team outdoors
How car accident injuries can reshape physical recovery and everyday health routines
Policy & Law
June 12, 2026
wellness app development
Why Proper Calculation Matters in Research and Wellness Applications
Health Technology
June 11, 2026

You Might also Like

How Physician Offices Can Improve Patient Health Care

March 31, 2016
healthcare reform
Health Reform

Healthcare Reform: The Real Elephant in the Room

July 10, 2013
CMS
Policy & LawPublic Health

New CMS Chief Confirmed by Senate

May 18, 2013
value-based payment system
BusinessFinancePublic Health

The Triple Aim: Better Health, Better Care, Lower Cost

May 29, 2014
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?