2001 Supreme Court term

TOMMY G. THOMPSON SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. WESTERN STATES MEDICAL CENTER ET AL.

Dockets 01-344Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The case was presented for oral argument before the Supreme Court of the United States.

According to Petitioners (Dept. of Justice), according to Petitioners (Dept. of Justice), petitioners argue that the Federal Food, Drug, and Cosmetic Act requires a new drug to be proven safe and effective by the FDA before it can be marketed.

According to Petitioners (Dept. of Justice), according to Petitioners (Dept. of Justice), petitioners contend that Congress intended the public health to be protected by requiring scientifically valid studies, and that those who promote new drugs must conduct those studies.

According to Mr. Hoffman, respondents assert that the pharmacist’s role is essential in the drug dispensing process.

According to Mr. Hoffman, they did not seek to have the conduct‑related provisions of the statute stricken.

Background and question before the Court

According to Justice, a question was whether the advertising ban applies only to advertising to the general public or to all advertising.

According to Justice, justices asked whether the parties had conducted double‑blind tests.

According to Justice, justices inquired about the constitutional implications of the advertising ban.

What each side argues

Petitioner (Dept. of Justice)

According to Petitioners (Dept. of Justice), according to Petitioners (Dept. of Justice), the Federal Food, Drug, and Cosmetic Act requires a new drug to be proven safe and effective by the FDA before it can be marketed.

According to Petitioners (Dept. of Justice), according to Petitioners (Dept. of Justice), congress intended that safety and effectiveness be established by scientifically valid studies, and that those who promote new drugs must conduct those studies.

Respondent (Western States Medical Center)

According to Mr. Hoffman, the pharmacist’s role is essential in the drug dispensing process.

According to Mr. Hoffman, they did not seek to have the conduct‑related provisions of the statute stricken.

What happened at oral argument

Oral argument began at 10:11 a.m. before the Supreme Court.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • e5d6c139c1e63d56d59b-r1-6402cf8f8219cca1.pdforal argument transcript

Guide generated September 19, 2026. Automated validation accepted this version.