Pharma disclosures may violate Fifth, but not First, Amendment

SACRAMENTO, Calif. — A federal court in California upheld, as constitutional, certain disclosures compelled by pharmaceutical regulations because they are purely factual, noncontroversial and not unjustified or unduly burdensome. The First Amendment claim brought by the suing company, which supplies ingredients to compounding pharmacies, is dismissed. It also showed that equitable relief is permitted for its Fifth Amendment takings claim, as damages would not suffice or are not available, so its claims that the disclosures would require the company to reveal its trade secrets may proceed.Read the ruling here.Read our prior coverage of this dispute here.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads