Court of Appeals for the Ninth Circuit February 6, 2001, No. 99-17424 (Western States Medical Center v. Shalala)

CYNTHIA HOLCOMB HALL, Circuit Judge:

This appeal requires us to assess the constitutionality of two subsections of the Food and Drug Administration Modernization Act of 1997 (“FDAMA”), 21 U.S.C. § 353a. Subsections §§ 353a(a) and (c) of FDAMA prohibit drug providers from promoting or advertising particular compounded drugs.