www.fdanews.com/articles/180194-fda-says-all-off-label-communications-can-fall-within-regulatory-purview
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FDA Says All Off-Label Communications Can Fall Within Regulatory Purview
January 24, 2017
The First Amendment does not preclude drugmakers from FDA’s oversight of off-label communication even if what they say is truthful, the agency said.
The agency has the authority to regulate all off-label communication to ensure unapproved drugs do not reach the market, according to an FDA memo.
The FDA cannot explicitly restrict communication on off-label uses, but it has the power to regulate the introduction of unapproved or misbranded drugs and a company’s promotions might be relevant to enforcement.