2nd Circ. Affirms FDA Injunction Decision

Law360, New York (July 28, 2008, 12:00 AM EDT) -- An appeals court has upheld a lower court's decision to enjoin the U.S. Food and Drug Administration from implementing a drug law that would force distributors to keep a record of everyone who has handled a drug.

A three-judge panel of the U.S. Court of Appeals for the Second Circuit made its decision in a summary order July 10 and released a corrected order on Thursday.

Nine "secondary wholesalers" — sellers who don’t buy pharmaceuticals directly from manufacturers — sought the preliminary injunction in 2006 to...
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