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The End or Just the Beginning? Exploring Federal Preemption of State and Distribution Laws
Pharmaceutical Commerce
by Sarina D. Rivera, Jennifer A. Sanfilippo and Kiaema R. Reid
Of increasing concern to the pharmaceutical industry has been the explosion of state laws governing the marketing and distribution of prescription drug products and devices. At the heart of most legislative efforts in this regard is impatience with a federal government that does not regulate these areas. In the absence of federal guidance, the states have chosen to act and the result is a patchwork of confusing and often conflicting state laws. Over the years there have been a number of attempts by the federal government to introduce legislation that would govern these areas and preempt existing state laws. To date, all of these attempts have failed.
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