Calif. County's Drug Disposal Mandate Found Constitutional

Law360, New York (August 30, 2013, 5:49 PM EDT) -- Alameda County, Calif.'s rule requiring drugmakers to pay for the environmentally safe disposal of unused drugs is not unconstitutional because it doesn't discriminate against out-of-state manufacturers in favor of local pharmaceutical firms, a California federal judge found Wednesday.

U.S. District Judge Richard Seeborg denied a summary judgment motion by plaintiffs including trade group Pharmaceutical Research and Manufacturers of America, rejecting their argument that the rule — the first of its kind in the country — violated the Constitution’s commerce clause.

The plaintiffs had argued that the...
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