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Volume 359:536-537 July 31, 2008 Number 5
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Pharmaceutical Promotion and First Amendment Rights

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by Kesselheim, A. S.
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To the Editor: Kesselheim and Avorn (April 17 issue)1 dramatically understate the robust, sound constitutional protection the U.S. Supreme Court affords truthful, nonmisleading commercial communication such as that embodied in reprints of scientific articles discussing off-label uses.2,3,4 Their suggestion that physicians need protection from the very journal articles they receive through subscription or library services is utterly at odds with the Court's forceful rejection of government paternalism.

Appropriate off-label use that informs proper patient care is fostered by more, not less, communication of truthful, nonmisleading information. It is unclear how articles published in the Journal lose their educational benefit and . . . [Full Text of this Article]



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