Judge blocks Maine law barring use of Rx information for marketing

January 3, 2008

A judge has ruled that a Maine law barring prescribing information from being used for marketing is unconstitutional

A law was supposed to go into effect in Maine on Jan. 1, prohibiting the use of physician prescribing information for marketing purposes. But a judge has issued a preliminary injunction barring the law from being implemented on the grounds that it is unconstitutional. Applauding the decision are IMS Health, Wolters Kluwer Health, and Verispan LLC, three health information companies which had sued to derail the law. Maine is the second state where such a law has come to a screeching halt. Last year New Hampshire saw a federal injunction imposed as well. A third state, Vermont, which passed a similar law, still has to survive a suit filed by the three companies.

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