5th Circ. Vacates FDA Win On Compounded Drug Review

Law360, New York (February 28, 2011, 8:32 PM EST) -- A group of pharmacies opposing expanded U.S. Food and Drug Administration inspections on compounded drugs won a victory Friday when the Fifth Circuit ruled that a lower court erred by reopening an issue that was not raised before appeal.

The FDA had argued that an earlier U.S. Court of Appeals for the Fifth Circuit opinion in the case had created a legal basis for the extra inspections of pharmacies that compound drugs, but the appeals court said the agency forfeited the issue by not appealing the...
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