Law Professor Kevin Outterson, an authority on food and drug law and director of the school’s Health Law Program, says the drug companies likely will fight the ruling as its impact spreads to other states.
“While this is a victory for New Hampshire, the Court of Appeals skirted several of the important Constitutional issues raised in the case. Several other states intend to move forward with similar legislation in the next few months.
“Most Americans are not aware that their prescriptions are being used by drug companies to aggressively market to physicians. The Court of Appeals was sympathetic to the desire to restrain drug marketing by expanding privacy laws to cover additional prescription data. Similar laws in other First Circuit states should now be upheld.
“The court’s focus on standing in part II of the opinion all but guarantees that drug companies will join this suit upon remand and return to the First Circuit demanding a more complete description of the Constitutional arguments presented.”