Makeit Laboratories in New Jersey shipped one of its prescription drugs to a wholesaler in Sacramento, California, which sold it to a pharmacy in Stockton, California. The pharmacy in Stockton sold it to a Stockton patient without a prescription. The FDA charged the pharmacy with violating federal law pursuant to the FDCA. The defendant pharmacy argued that the FDCA does not apply to this situation.

• On what basis would the defendant make this argument?

• What would the court likely decide and why?

• Does the FDA have jurisdiction to charge the pharmacy or is this a state law issue?