FDA Removes Pacira Warning Letter Amid Free Speech Suit

The U.S. Food and Drug Administration quietly unpublished a warning letter objecting to the promotional practices of Pacira Pharmaceuticals Inc., an unusual step that follows the drugmaker’s constitutional challenge to restrictions on its commercial speech.

Loeb & Loeb partner Scott Liebman is quoted describing the removal of a warning letter as an extremely rare occurrence.  He says, “FDA began posting letters in 1997, and I’m not aware of any others that have been unpublished after the fact.”

Click here to read the article on the Law360 website.