Allergan, maker of Botox, said it filed
a free speech lawsuit against the Food and Drug Administration and Justice Department, charging that off-label marketing restrictions violated the First Amendment.
Specifically, the pharmaceutical company is questioning
the federal government's ban on companies marketing off-label uses for drugs to physicians. Allergan is testing
Botox, a wrinkle reducer, for treatment of migraines and upper limb spasticity in stroke victims.
Dow Jones writes
Nonetheless, the case's outcome could have implications for the broader drug industry. If Allergan were to prevail, drug companies inclined to push the envelope on off-label marketing may feel emboldened. If Allergan loses, the status quo would be maintained.BusinessWeek called
it an "unprecedented lawsuit."