056 - "Non-Promotional Compliance" with Darshan Kulkarni
Darshan Kulkarni, an FDA regulatory lawyer and host of DarshanTalks, explains the legal distinction between promotional and non-promotional speech in the pharmaceutical industry, focusing on the First Amendment protections for scientific discussion. He details how the FDA's attempt to control off-label promotion by medical affairs was challenged in the Washington Legal Foundation case, leading to a 'quiet truce' where companies maintain strict separation between commercial and scientific roles to avoid multi-billion dollar False Claims Act fines. Kulkarni also discusses the operational challenges of the Sunshine Act, noting how mandatory sharing of journal articles can inadvertently register as transfers of value, creating friction with healthcare professionals.