JD Supra March 14, 2023
By Oberheiden P.C.

The U.S. Food and Drug Administration (FDA) has broad authority to evaluate and approve drugs for medical use or prescription drugs. It also has the authority to investigate fake or counterfeit medicines and substances in the entire pharmaceutical industry. Unfortunately, the Food and Drug Administration (FDA) relies heavily on healthcare providers and professionals – especially doctors and pharmacists – to spot counterfeits or unapproved drugs. Rather than merely deputizing these healthcare professionals, though, the FDA puts the onus on them to take counterfeit drugs out of the supply chain. This has serious implications: If you prescribe or dispense counterfeit drugs, you can be held legally liable, even though you were not the one who made the fake drugs substance, and...

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