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Biotech / Medical : PRCY - ANY BODY HAS ANY NEWS ON THESE
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To: geewiz who wrote (345)4/29/1998 12:42:00 PM
From: Peter H. Proctor  Read Replies (1) of 670
 
In case you-all haven't noticed: Procyte just magically converted itself into a cosmetics company by buying a private label manufacturer. Exceedingly clever-- Why mess with the FDA when you don't have to ?

Here's the way I see it: in 44 liquormart, the Supreme court recently ruled that before it can censor true commercial speech, the gummit has to jump thru all sorts of hoops. Stuff like "significant government interest, restrictions being "narrowly focussed", etc.

Absent causing injury, you can market most anything as a cosmetic. It is only when you make therapeutic claims that the FDA gets involved. But such claims are pure "speech", since the product is otherwise legal.

Which means the ability of the FDA to censor what you say about topical agents is now limited, as long as you can prove your claims are "true". BTW, I have recently seen drug companies actively promote "off-label" uses of systemic agents in ways which would have been unthinkable five years ago. So, they must have figured this out too.

Dr. P
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