Which of the following was the result in U.S.v.Alfred Caronia,the case in the text in which the defending pharmaceutical representative was charged with illegally promoting off-label use of a drug?
A) That the defendant had not indeed promoted off-label use of the drug at issue, and the case was dismissed.
B) That although the defendant promoted off-label use of the drug at issue, the off-label use was later approved as a valid and appropriate use, and the case was dismissed.
C) That the defendant's speech failed to meet the criteria for classification as commercial speech and that, therefore, the defendant had no constitutional argument in opposition to the charges against him.
D) That although the defendant's speech met the criteria for classification as commercial speech, no constitutional protection has been historically extended to that type of speech; and the defendant, therefore, had no constitutional argument in opposition to the charges against him.
E) That although the defendant's speech met the criteria for classification as commercial speech entitled to constitutional protection under some conditions, the government met the requirements for regulation of the particular speech at issue involving off-label usage.
Correct Answer:
Verified
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