학술논문

Sorrell v IMS Health, Inc
Document Type
Journal Article
Source
E.C.L. Rep. 2011, 11(1), 10-11
Subject
Constitutionality
Direct marketing
Information technology
Personal data
Pharmaceuticals
Vermont
Human rights
Language
English
ISSN
1474-5771
Abstract
Summarises the US Second Circuit Court of Appeals decision in Sorrell v IMS Health Inc finding unconstitutional a Vermont law banning the sale, transmission or use of prescriber-identifiable data for marketing or promoting a drug in the absence of the provider's express consent. Notes that the decision marks a departure from previous decisions and that the Supreme Court is to decide the case. Sets out the competing arguments that will be heard by the Supreme Court and suggests that if the Supreme Court upholds the law, other states are likely to follow Vermont's lead.

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