Article: Duane Morris attorney successfully argues on behalf of pharmacies before the US Supreme Court: Court rules that the FDA Modernization Act of 1997 is unconstitutional on the grounds that it restricts commercial speech.(Brief Article)

An attorney from the Chicago office of Duane Morris LLC, successfully argued on behalf of seven pharmacies before the US Supreme Court, which on April 29, 2002, upheld a ruling of the United States 9th Circuit Court of Appeals that the Food and Drug Administration Modernization Act of 1997 (FDAMA) violated the pharmacies' First Amendment rights.

Partner, Howard M. Hoffmann, the Duane Morris attorney representing the pharmacies, argued that the portion of the FDAMA that prohibits pharmacists from advertising, soliciting and promoting "compounded drugs," i.e., drugs that are legally altered to meet the needs of individual patients, was a violation of their First ...

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