Tag Archives: Sorrell

Restrictions on Commercial Advertising Speech in Vermont Data Mining Law Violate First Amendment

By Craig A. Hoffman on July 6, 2011 Posted in Behavioral Advertising

As we briefly discussed here, on June 23, 2011, the U.S. Supreme Court in Sorrell v. IMS held that a Vermont statute restricting the sale, disclosure and use of pharmacy records containing the prescribing practices of doctors for marketing purposes by pharmaceutical companies violated the First Amendment’s protection of commercial advertising speech. From a commercial advertising … Continue Reading

Supreme Court Finds Vermont Data Mining Law Unconstitutional

By Craig A. Hoffman on June 23, 2011 Posted in HIPAA/HITECH, Medical Privacy

The U.S. Supreme Court released its decision today in Sorrell v. IMS Health Care, Inc., a case concerning the constitutionality of a Vermont statute that prohibited pharmacies from selling or disclosing prescriber-identifying information taken from prescriptions for marketing purposes. The challenge to the statute was made by data mining companies. The Supreme Court stated that … Continue Reading