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“Silicon Valley biotech exec fights to dismiss illegal marketing case.”

Erika Kelton in The Mercury News, 11/4/16.

“The FDA rules and regulations for marketing a prescription drug or device are there for a very good reason: to protect the public,” said Erika Kelton, a veteran plaintiffs’ attorney with Phillips & Cohen in Washington, D.C. “Without them, any manufacturer can start selling snake oil as a miracle cure for any number of things.”

Kelton, who helped win a record $3 billion whistleblower fraud case in 2012 against GlaxoSmithKline for pushing some of its medications for “off-label” uses, said these First Amendment defenses have become more prevalent over the years.

“Silicon Valley biotech exec fights to dismiss illegal marketing case.”

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