Supreme Court Kills Ad Restrictions for Compounding

First Amendment protection of commercial speech got a big boost last month when the US Supreme Court ruled 5-4 that FDA's policy to limit advertising for pharmaceutical compounding is unconstitutional. Because the plaintiffs failed to separate the advertising policy and general FDAMA compounding provisions, the ruling kills the entire provision in the FDA Modernization Act of 1997 (FDAMA) that established a legal procedure for pharmacists to compound medicines to meet patient needs.

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