IMS Health v. Ayotte: The First Amendment And Prescriber-Identifiable Data

In order to most effectively convey information about their products and efficiently utilize their advertising budgets, pharmaceutical companies rely upon prescription transaction information. A number of states have passed or are considering laws which prohibit the use of such data in directing promotional materials and activities to doctors. As a new Washington Legal Foundation WORKING PAPER argues, First Amendment principles and precedents clearly dictate that such laws should be struck down as unconstitutional.