MASTERS PHARMACEUTICAL, INC. v. DEA

No. 15-1335.

861 F.3d 206 (2017)

MASTERS PHARMACEUTICAL, INC., Petitioner v. DRUG ENFORCEMENT ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2017.


Attorney(s) appearing for the Case

Richard T. Lauer argued the cause for petitioner. With him on the briefs were John A. Gilbert Jr. , Karla L. Palmer , and Andrew J. Hull , Washington, DC.

Nicolas Riley , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Mark B. Stern , Attorney. Anita J. Gay and Lena D. Watkins , Attorneys, entered appearances.

Gregory G. Garre , Philip J. Perry , Andrew D. Prins , Alexandra Shechtel , Richard L. Frank , David L. Durkin , Washington, DC, and Donald L. Bell II were on the brief for amici curiae Healthcare Distribution Management Association and National Association of Chain Drug Stores in support of neither party.

Larry P. Cote , Washington, DC, was on the brief for amicus curiae Generic Pharmaceutical Association in support of neither party and in support of neither affirmance nor reversal.

Before: Srinivasan and Pillard, Circuit Judges, and Edwards, Senior Circuit Judge.


Breakthroughs in the development of prescription opioid painkillers have vastly increased their popularity. But that popularity has taken a toll. Opioids are heavily addictive and often lethal in high doses. The Drug Enforcement Administration (DEA or agency) has therefore listed opioids such as hydrocodone and oxycodone...

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