Constitutional Law——The First Amendment Protection of Commercial Speech Involving the Advertisement of Compounded Drugs——Thompson v. Western States Medical Center, 535 U.S 357 (2002)

The Federal Food, Drug, and Cosmetic Act of 1938 sets forth regulations for prescription drug manufacturing, marketing, and distribution.  In Thompson v. Western States Medical Center, the United States Supreme Court considered whether the Food and Drug Administration Modernization Act of 1997 (FDAMA) contained advertising and solicitation provisions that violated the First Amendment’’s free speech guarantee.  The Court held that under the test set forth in Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, the advertising provisions violated the First Amendment because they were overly restrictive on commercial speech. . . .