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Email On August 7, 2015, the U.S. District Court for the Southern District of New York invoked the First Amendment, granting Amarin Pharma, Inc. (Amarin) preliminary protection against federal criminal prosecution for misbranding and allowing Amarin to promote its drug, Vascepa, for off-label use through certain truthful, non-misleading speech. In so ruling, Judge Engelmayer applied the Second Circuit’s widely cited precedent in Caronia, which overturned a conviction under the same statutory provision. https://www.cadwalader.com/resources/clients-friends-memos/pharmaceutical-manufacturers-preemptive-suit-secures-preliminary-first-amendment-protection-for-script-to-promote-off-label-use