AJLM Symposium: "Marketing Health: The Growing Role of Commercial Speech Doctrine in FDA Regulation"

Join us for this year's AJLM Symposium, "Marketing Health: The Growing Role of Commercial Speech Doctrine in FDA Regulation." In the past few years, the health care industry has tried constitutional litigation to challenge many statutes and regulations. Some arguments have hinged upon preemption of state tort and common law for drugs and medical devices. Others concern due process and liberty claims asserted against the FDA drug approval system. Additionally, several states are pursuing cases at the moment to challenge the health insurance reforms recently enacted into law. Equally remarkable have been the commercial speech cases bringing First Amendment defenses to block FDA and related regulations. If successful, these cases claim the Constitution prohibits some regulation of drug marketing, including off-label drug promotion. Clearly, something is afoot, with powerful constitutional arguments being successfully deployed to challenge democratically enacted statutes. But the plaintiffs aren’t oppressed minorities; they are some of the world’s most powerful corporations, with incredible lobbying resources in Washington, the United States and on the international market. How do we mesh theories of the Constitution with these cases? Is commercial speech the new incarnation of Lochner? What does the recent decision in Citizens United mean for commercial speech litigation? This symposium promises lively debate and discourse among some of the top scholars in the field representing both sides of this timely and heated issue. For more information, please contact ajrice@bu.edu.