A federal appeals court has upheld Mississippi’s ban on advertising medical products, affirming that the restriction does not violate the First Amendment. The ruling, issued by the 5th Circuit Court of Appeals, references the Schedule I status of the product under the Controlled Substances Act (CSA) and rejected arguments that it is “effectively legal” federally.
The legal challenge was brought by Clarence Cocroft, owner of Tru Source Medical, who expressed disappointment in the ruling. “Upholding this ban makes it incredibly difficult for me to find potential customers and to educate people about Mississippi’s medical program,” Cocroft said in a press release. He vowed to continue fighting for equal treatment for his business under state law.
Mississippi’s Department of Health enforces strict advertising prohibitions for medical dispensaries, barring promotions via media outlets like newspapers, television, magazines, social media, and billboards. Businesses are limited to website content providing general information and on-premises signage.
The court found that these restrictions align with federal law, stating that Mississippi faces “no constitutional obstacle to restricting commercial speech relating to unlawful transactions.”
The ruling highlights the ongoing challenges faced by businesses in navigating the complexities of federal and state regulations in the industry.
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