The federal judge overseeing the closely watched case was pretty blunt:

“I have never in 14 years, that I recall, declared a state law to be unconstitutional,” U.S. District Court Judge Paul Barbadoro told lawyers for IMS Health and Verispan, which are fighting a New Hampshire law that restricts their ability to pass along presribing data from doctors.

The companies sell the data to drugmakers, which then use it to influence prescribing habits, which the state contends is too costly because the most expensive drugs are pushed. The state also maintain these activities compromise patient privacy. IMS and Verispan argue the law restricts commercial free speech and the data is also useful in medical research. But Barbadaro was blunt again and told the lawers the companies are trying too hard to appear altruisitic instead of acknowleding the profit motive.

“Don’t be afraid of what you do. You are not pornography producers here. It is a legitimate business,” Barbadoro advised, according to The Nashua Telegraph.

Well, it may not be pornography, but it doesn’t sound like IMS and Verispan are going to do very well. Any bets on the outcome?
[tags]Free Speech, IMS Health, Patient Privacy, Verispan[/tags]