the
plaintiff claimed lost sales because of the
publication of erroneous information in the Merck
Index. The court considered the duty of a publisher
to a reader to publish accurate information in a
compendium. The court noted a publisher’s right to
publish without fear of liability is guaranteed by the
First Amendment and societal interest. It further
held that even if it had a duty to publish with care,
the plaintiff could not claim it suffered damages
because of reliance on this information.
Delmuth Development Corp. v. Merck & Co.,