The U.S. Food and Drug Administration quietly unpublished a warning letter objecting to the promotional practices of Pacira Pharmaceuticals Inc., an unusual step that follows the drugmaker’s constitutional challenge to restrictions on its commercial speech.
Loeb & Loeb partner Scott Liebman is quoted describing the removal of a warning letter as an extremely rare occurrence. He says, “FDA began posting letters in 1997, and I’m not aware of any others that have been unpublished after the fact.”
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