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U.S. v. Facteau: First Circuit Upholds Misdemeanor Convictions for Off-Label Promotion

Lynn Tyler  authored an article, “U.S. v. Facteau: First Circuit Upholds Misdemeanor Convictions for Off-Label Promotion,” which was published in the Food and Drug Law Institute’s publication Top Cases in Food and Drug Law (2024). In the Facteau case, the First Circuit upheld the misdemeanor convictions of two medical device company executives arising out of the off-label promotion of a drug delivery device. The defendants challenged their convictions on First Amendment and due process grounds. Shared with the permission of FDLI.

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