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.