Sunday, November 1, 2009
On the issue of "off label" marketing of pharmaceutical products
Last year's "hot" issue in products liability was preemption. I think the next "hot" issue is going to be possible liability for "off label" use of pharmaceutical products (whether prescription or over the counter). I just posted a story on this subject -- see the post just below this one. Here is a link to a story on a trial New Jersey involving a former sales rep for Johnson & Johnson who says she was fired after complaining about pressure to illegally sell one of the company’s products for a non-FDA-approved (or “off label”) use. go here for that story.