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Sorrell v. IMS Health Inc.

United States Supreme Court

564 U.S. 552 (2011)

Relevant factsFree

Pharmaceutical companies used a marketing practice called 'detailing,' purchasing prescriber-identifying data from pharmacies to target doctors likely to prescribe their drugs; a Vermont statute barred pharmaceutical companies from using this prescriber-identifying information in marketing. IMS Health Inc. (plaintiff) challenged the statute as an unconstitutional content-based speech restriction.

IssueFree

Whether, under the First Amendment, a content-based regulation of commercial speech must directly advance a substantial state interest.

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