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Email On December 3, 2012, the United States Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia (“Caronia”), who had been tried and convicted of participating in an unlawful conspiracy to introduce a misbranded drug into interstate commerce in violation of the U.S. Food, Drug and Cosmetic Act (the “FDCA”). In its 2-1 decision, the Second Circuit held that the government’s prosecution of Caronia for engaging in truthful promotion of an approved drug, albeit for off-label uses, violated Caronia’s right of free speech under the First Amendment. As discussed below, this decision could have far-reaching consequences on the ways in which pharmaceutical companies market and sell prescription drugs, as well as the government’s continued efforts to restrict off-label promotional practices. https://www.cadwalader.com/resources/clients-friends-memos/second-circuits-caronia-decision-striking-down-on-first-amendment-grounds-the-criminal-conviction-of-a-pharmaceutical-sales-representative-for-off-label-promotion-could-have-broad-implications