Thompson v. Western States Medical Center

Summary

The Court affirmed that the Food and Drug Administration Modernization Act’s prohibition on advertising compounded drugs violates the First Amendment’s protection of commercial speech. The Government failed to show the speech restrictions were no more extensive than necessary to serve its interest in regulating drug manufacture, as less restrictive alternatives existed. Justice Breyer, dissenting, argued the statute directly advances the public’s interest in safety by distinguishing compounded drugs from manufacturing. Justice Thomas, concurring, agreed with the outcome but would not analyze commercial speech under the Central Hudson test.