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Promoting Unapproved Drug Uses (Still) Not Free Speech

Dec. 3, 2018, 11:15 AM

Misleading investors and the public about science is as serious as misstating financial information, life science company executives should know—now that a convicted drug-company ex-CEO has lost his last court appeal.

InterMune Inc. founder Dr. W. Scott Harkonen was convicted in 2009 of wire fraud for his role in creating and disseminating a press release publicizing the use of a drug to treat fatal lung disease that the drug wasn’t approved to treat. The U.S. Supreme Court again Nov. 5 refused to consider his case. It was the second time justices declined to review his appeal.

“If there is a...

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