Makeit Laboratories in New Jersey shipped one of its prescription drugs to a wholesaler in Sacramento, California,
Question:
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?
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Related Book For
Pharmacy Practice And The Law
ISBN: 9781284154979
9th Edition
Authors: Richard R. Abood, Kimberly A. Burns
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