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State Boards of Pharmacy Missing in Action During Opioid Crisis

Policy Prescription

state boards of pharmacy to properly regulate pharmacies that irresponsibly and too often illegally profited from opioid drug sales to patients. So, where was the West Virginia Board of Pharmacy? This post should serve as the beginning of a serious inquiry into the failure of U.S. It’s really straightforward.

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Beating FDCA-Based Negligence Per Se Claims on Non-Preemption Grounds

Drug & Device Law

341 (2001) (a Bone Screw case). Plaintiffs constantly seek to create FDCA violations that do not exist, often through bizarre interpretations of FDA regulations that the FDA has never followed. That’s exactly how we attacked – and usually beat – FDCA-based negligence per se claims before we won the preemption ruling in Buckman Co.