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 For Immediate Release
Jul 29, 1999 Contact: Press Office

Judicial Watch hails Court decision to "deregulate" FDA

Judge Lamberth Stands Up For Rights of Average Americans

(Washington, July 29) Yesterday, the Honorable Royce C. Lamberth of the U.S. District Court for the District of Columbia issued a courageous decision, which allows pharmaceutical manufacturers to promote their products to remedy medical conditions ancillary to the purposes for which they were approved. The Court found that it was unconstitutional for the Food and Drug Administration (FDA) to limit such advertising, as a matter of free speech. While not involved in this case, Judicial Watch salutes this decision.

Critics of the decision claim that the FDA will now be powerless to control the veracity of advertising. This is false. "As a former federal prosecutor who represented the FDA, I can attest to its extensive powers to take enforcement action to curtail false and misleading advertisements. Indeed, the FDA has the strongest and most powerful enforcement powers of any federal agency," stated Judicial Watch Chairman and General Counsel Larry Klayman. "The net effect of Judge Lamberth's decision is to make available to a wider range of Americans pharmaceutical products which can help them with their medical conditions, as well as to lower the price of these products. Ironically, the judge who presided over the Hillary Clinton medical task force case, has taken a step more consistent with improved medical care than the socialized program this Administration advocated," added Klayman.

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