THOMPSON v. WESTERN STATES MEDICAL CENTER

Legal Principle at Issue

Whether provisions of the Food and Drug Administration Modernization Act of 1997, which prohibited pharmacists from advertising or promoting specific compounded drugs, violated the First Amendment’s guarantee of free speech.

Action

Affirmed (includes modified). Petitioning party did not receive a favorable disposition. The Court ruled 5-4 that these restrictions were unconstitutional limitations on commercial speech.