1. Home
  2. Browse Decisions
  3. F.3d
  4. 634 F.3d
  5. 634 F.3d 830 (2011)
 

MEDICAL CENTER PHARMACY v. HOLDER

No. 10-50031.

634 F.3d 830 (2011)

MEDICAL CENTER PHARMACY; Applied Pharmacy; College Pharmacy; Med Shop Total Care Pharmacy; Pet Health Pharmacy Incorporated; Plum Creek Pharmaceuticals Incorporated; Premier Pharmacy; University Compounding Pharmacy; Veterinary Pharmacies of America; Women's International Pharmacy Incorporated, Plaintiffs-Appellants, v. Eric H. HOLDER, Jr., U.S. Attorney General, In his official capacity as Attorney General, United States Department of Justice; Kathleen Sebelius, In her official capacity as Secretary of the Department of Health and Human Services; Margaret A. Hamburg, In her official capacity as Commissioner of the United States Food and Drug Administration, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 25, 2011.

Attorney(s) appearing for the Case

Deborah Ann Pearce (argued), Law Offices of Deborah Pearce, New Orleans, LA, Terry Lane Scarborough , Hance Scarborough, L.L.P., Austin, TX, for Plaintiffs-Appellants.

Christine Noel Kohl (argued), Douglas Neal Letter , U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for Defendants-Appellees.

Before WIENER, GARZA, and PRADO, Circuit Judges.

PRADO, Circuit Judge:

This case is before us for the second time. In our first opinion,1 we held that "compounded" drugs are "new" drugs under the Federal Food, Drug, and Cosmetic Act ("FDCA"), 21 U.S.C. §§ 301-399a, but that they are exempt from the FDCA's adulteration, misbranding, and new-drug-approval provisions if they comply with the conditions set forth in 21 U.S.C. §§ 353a and 360b(a).

On remand, the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases