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Under a state law, a drug company that makes a false factual claim about a prescription drug is strictly liable in tort to any user
Under a state law, a drug company that makes a false factual claim about a prescription drug is strictly liable in tort to any user of the drug. In an advertisement promoting sales of a particular drug, a drug company claimed that the drug was safe for children. Suit was filed against the company on behalf of a child who allegedly was harmed as a result of taking the drug. At the time the child took the drug, the available medical studies supported the company's claim that the drug was safe for children, but later research proved that the drug actually was harmful to children. The company has moved to dismiss the suit on First Amendment grounds. Should the court grant the motion? Group of answer choices Yes, because liability cannot be imposed for false statements without a showing of actual malice. No, because the drug business is subject to extensive health and safety regulation. Yes, because the company's claims about the drug were a matter of public concern. No, because false or misleading commercial speech is not constitutionally protected
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