Supreme Court of the United States
Thompson v. Western States Medical Center
April 29, 2002535 U.S. 357
Summary
The Court held that FDAMA provisions prohibiting pharmacists from advertising compounded drugs violate the First Amendment. Applying the Central Hudson test, the Court found the restrictions were more extensive than necessary because non-speech alternatives could distinguish compounding from manufacturing. Justice Breyer dissented, arguing the restrictions were necessary to protect public health by preventing consumer-driven demand for untested drugs.