In March 2010, the FDA released a report warning users of the potentially “fraudulent” practices associated with internet pharmacies selling medication for pets, such as heartworm preventatives and nonsteroidal anti-inflammatory drugs (NSAIDs). Specifically, the report warns that numerous veterinary internet pharmacies are selling expired or counterfeit drugs and selling drugs without a prescription. The report [...]
From the category archives:
Pharmacies
Many federal circuits permit a good faith jury instruction in cases in which doctors are prosecuted under the Controlled Substances Act. Internet pharmacy law cases involving doctors are no different. Below is an illustrative case:
U.S. v. Hurwitz, 459 F.3d 463 (2006): The Fourth Circuit Court of Appeals reversed Dr. William E. Hurtwitz’s conviction due to the [...]
The final rule on the “Implementation of the Ryan Haight Online Pharmacy Consumer Protection Act” (aka Ryan Haight Act) was published in the Federal Register Monday by the DEA and DOJ. It can be found here. It draws some interesting conclusions with respect to internet pharmacy law, and the new regulations only serve to increase already existing legal ambiguity.
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The development of Internet pharmacy law is really only in its infancy. This may come as a surprise to those who have witnessed numerous pre Ryan Haight Act prosecutions over the last five years. While there have been many indictments, convictions, mistrials and acquittals in the past few years, Appellate Courts have yet to render decisions on some of [...]
After pleading guilty to conspiracy to distribute controlled substances, Steven Rosner was sentenced to 33 months by a Judge in the Northern District of Texas for his role in an internet pharmacy operation. According to the original 201 count indictment, Rosner operated offerpills.com and clickonmed.net to facilitate the distribution of controlled substances, paid doctors Arceli [...]
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The judge in U.S. v. Hernandez (06-600027), a federal internet pharmacy trial in Florida (in its eighth week), has declared a mistrial, after numerous jurors admitted to doing their own internet research via their handheld phones during deliberations. The jury was leaning towards an acquittal.
This trial has certainly had its share of distractions. Only a few weeks prior to the [...]
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