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Adheris Inc. Files For Preliminary Injunction To Stop U.S. Government From Infringing On Constitutionally Protected Speech
Date:9/6/2013

on medications, the poll noted.

In the United States, non-adherence to prescribed therapy is estimated to cause about 125,000 deaths per year, at least 10% of hospitalizations1 and a substantial increase in morbidity and mortality.2 Non-adherence has been estimated to cost the U.S. healthcare system between $100 billion and $289 billion each year.3

The Motion for a Preliminary Injunction points out that Adheris' speech in the form of communications to patients is constitutionally protected by the First Amendment's role in furthering the "free flow of information." In the recent Supreme Court ruling on Sorrell v IMS Health, Inc., the Court affirmed that "speech in aid of pharmaceutical marketing… is a form of expression protected by the Free Speech Clause of the First Amendment" and that the free flow of information "in the fields of medicine and public health… can save lives."

The United States has a long history of placing special protections around free speech.  Attempts to restrict speech are subject to "heightened scrutiny" and must be shown to advance a substantial government interest. In this case, the new rule fails to pass such scrutiny and does not advance any government interest. On the contrary, the government's interest is in improving public health while keeping down costs - and refill reminders further these interests.

The new regulation imposes restrictions on Adheris because its reminder communications are funded by pharmaceutical manufacturers. The same reminder funded by the government, non-profit organization or others is allowed without similar restrictions under the new rules.

"We are asking the court to stop HHS in its attempt to restrict communications to patients in a manner that is high-handed and inconsistent," Sherbet said. "This rule addresses a non-existent problem with an unconstitutional reg
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SOURCE inVentiv Health, Inc.
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