Fla. Appellate Court Says Nothing Prohibits Promotion of 'Off-Label' Drug Usage

WEST PALM BEACH, Fla. - A Florida appellate court ruled in a whistleblower case on Dec. 29 that nothing in the Federal Food, Drug, and Cosmetic Act prohibits a pharmaceutical company from promoting off-label uses for its products. Underwood v. Rhone-Poulenc Rorer Pharmaceuticals Inc., No. 4D03-521 (Fla. Ct. App., 4th Dist.).

The 4th District Court of Appeal did reverse a lower court's dismissal on other grounds, finding that Michael Underwood could pursue whistleblower claims against Rhone-Poulenc Rorer Pharmaceuticals (now Aventis Pharmaceuticals Products Inc.) based on his claims of sexual harassment.

Besides alleging sexual harassment, Underwood complained that he was fired …