New Hampshire's law barring the commercial use of prescription data has been struck down on First Amendment grounds by the federal court. Following the guidance of the "friend of the court" brief filed by the Coalition for Healthcare Communication, plus arguments made by plaintiff attorneys and other groups, US District Judge Paul Barbadoro said, “Because the Prescription Information Law restricts constitutionally protected speech without directly serving the state’s substantial interests and because alternatives exist that would achieve the state’s interests as well or better without restricting speech, the law cannot be enforced ...”

According to press reports, New Hampshire Attorney General Kelly Ayotte will appeal the decision.

The decision could forestall a gathering wave of state-level legislation and a federal measure introduced in the U.S. House of Representatives, aimed at stymieing drug marketing use of these data.

John Kamp, executive director of the Coalition for Healthcare Communication, said the judge in the New Hampshire case “appropriately focused on the fact that the New Hampshire legislature wanted to reduce the sale of branded drugs by banning speech about them. This simply not acceptable under the First Amendment, and the Coalition is proud to have been part of the case.”

“The overturning of the New Hampshire law throws ice on top of any other state or federal legislator looking to enact look-alike bills," Kamp said.

View press release from IMS Health.

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