NEWS29 June 2011

Court to review Maine prescription data law

Legal North America

US— A law in Maine prohibiting the use of physician prescribing information for marketing purposes looks set to be ruled unconstitutional after the Supreme Court this week ordered a reconsideration of an earlier appeals court ruling in favour of the legislation.

The Maine law, which was subject to legal challenges by healthcare data firms including IMS Health, SDI and Source Healthcare Analytics, was originally upheld by the First Circuit Court of Appeals, but that decision must now be vacated and remanded back to a lower court.

This most recent order follows on from the Supreme Court’s decision last week to strike down a similar law in Vermont that was deemed unconstitutional for violating the First Amendment right to free speech.