Healthy Skepticism Library item: 12321

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: media release

Pijip .
Alert: First Circuit to Hear Case Challenging Prescription Data Mining: PIJIP Associate Director Sean Flynn to Argue on Behalf of Public Interest Groups Defending First in the Nation Law
PIJIP 2008 Jan 9

Full text:

Tomorrow at 9:30am at the John Joseph Moakley Courthouse in Boston, the First Circuit Court of Appeals will hear a case of first impression challenging the pharmaceutical industry’s assertion of a First Amendment right to monitor prescription records for marketing.

Pharmaceutical companies use prescription records to monitor prescribing practices and finely calibrate their use of gifts, speaking engagements and other forms of reinforcement to maximize their influence over prescribing practices.

Last year, a district court in New Hampshire struck down a first in the nation law prohibiting prescription data mining for marketing purposes.
The First Circuit tomorrow will hear arguments from New Hampshire and a group of public interest “friends of the court” seeking to overturn the district court decision.

Sean Flynn, Associate Director of the American University Washington College of Law Program on Information Justice and Intellectual Property will be arguing on behalf of the public interest parties in the case.

PRESS AVAILABILITY: Sean Flynn and representatives of the public interest groups supporting the New Hampshire law, including AARP, New Hampshire Medical Society, NLARx, Prescription Policy Choices, Community Catalyst and the National Physicians Alliance will available for press after the hearing (approximately 11:30am).

Docket #07-1945 — IMS Health Incorporated vs. Kelly A. Ayotte To be called Wednesday, January 9, 2008 at 9:30 am Court of Appeals Panel Courtroom, 7th Floor John Joseph Moakley U.S. Courthouse
1 Courthouse Way
Boston, Massachusetts 02210
Clerk’s Office Phone Number
(617) 748-9057