As many predicted it would, the U.S. Food and Drug Administration (FDA) filed an appeal late last week to the September 2011 U.S. District Court for the Middle District of Florida ruling in US vs. Franck’s Lab, Inc., which had decided in favor of pharmacy compounding for veterinary patients. Click here for story.
Despite a lucid ruling from Judge Corrigan which articulated that the FDA does not have jurisdictional authority over the compounding of medications by a licensed pharmacy – the FDA appealed anyway.
IACP distributed a PR Newswire release within two hours of the appeal notice – click here to view IACP release – which expressed the Academy’s belief that the “FDA again exceeded its jurisdictional authority.”
“Despite Judge Corrigan’s clear ruling that the FDA once again attempted to exceed its jurisdictional authority, the agency seems determined to waste taxpayers’ money with another lengthy and unnecessary legal case,” says IACP President, John Herr, RPh, FIACP. “Given its track record with other cases affecting compounding pharmacies, the FDA again refuses to recognize that both the U.S. Constitution and the U.S. Congress limits its role in the state governed practice of medicine and pharmacy – a practice rightfully regulated by the state Boards of Pharmacy.”
Click here to view an article published by Veterinary Information Network regarding the FDA’s appeal of the district court ruling.