Allergan files lawsuit against government ban on off-label drug marketing

Allergan, maker of Botox, said it filed a free speech lawsuit against the Food and Drug Administration and Justice Department, charging that off-label marketing restrictions violated the First Amendment.

Specifically, the pharmaceutical company is questioning the federal government's ban on companies marketing off-label uses for drugs to physicians. Allergan is testing Botox, a wrinkle reducer, for treatment of migraines and upper limb spasticity in stroke victims.

Dow Jones writes:

Nonetheless, the case's outcome could have implications for the broader drug industry. If Allergan were to prevail, drug companies inclined to push the envelope on off-label marketing may feel emboldened. If Allergan loses, the status quo would be maintained.

BusinessWeek called it an "unprecedented lawsuit."