Update March/April 2005
This article is comprised of three parts: a letter from the Department of Justice (DOJ) to the Washington Legal Foundation (WLF), WLF’s letter in response, and an author’s commentary in reaction to both. The letters are reprinted here from text provided to Update by the WLF legal department.
Justice Contacts the WLF
[The following October 5, 2004 letter was addressed to Mr. David Price, Senior Vice President, Legal Affairs, WLF.]
Dear Mr. Price: I am writing in response to your letters of April 16, 2004 and June 15, 2004, on behalf of the [WLF], in which you express concern about the [DOJ’s] criminal and civil investigations of the promotion by pharmaceutical companies of “off-label” uses of their products.
In your April 16 letter, you write that WLF is “concerned about recent press reports indicating that various United States Attorneys’ ofﬁces are conducting civil and criminal investigations of major pharmaceutical companies based, in part, on truthful and non-misleading speech about their products.”