Posted on 01/05/2009 2:21:44 PM PST by BreeLee
No, it's not some hypothetical offered by critics of lawsuits against gun manufacturers; it's a real case. From Ashley County v. Pfizer, Inc., decided today by the U.S. Court of Appeals for the Eight Circuit (some paragraph breaks added):
The Counties allege that the Defendants knew that their products were being used illegally at least as early as 1986 when the federal Drug Enforcement Administration (DEA) began pushing for controls over the sale of products containing ephedrine or pseudoephedrine. During two different time periods, in 1995-1996 and in 1998-1999, the DEA placed restrictions on the importation of bulk ephedrine and tracked the sales of ephedrine and pseudoephedrine outside of "blister packs." According to the Counties, methamphetamine use and abuse declined dramatically during these time periods, but the Defendants allegedly fought to create loopholes in the regulations to continue reaping large profits in the sale of their products. In time, the Counties say, methamphetamine cooks learned how to exploit the loopholes, and methamphetamine use rose again.The Defendants are manufacturers and distributors of over-the-counter cold and allergy medications containing either ephedrine or pseudoephedrine. None of the Defendants are retailers, nor do they sell the medications directly to the public. The Counties allege that the Defendants marketed and sold their products in Arkansas knowing that the products were being used illegally to manufacture methamphetamine. [Footnote: In their briefs to this court, the Counties allege that the Defendants intentionally targeted methamphetamine cooks by printing "pseudoephedrine" on the outside packaging of their cold medicines. These allegations were not included in the complaint, by which we are constrained in reviewing this dismissal on the pleadings. In any event, the Counties do not dispute that the packaging complied with the federal Food and Drug Administration regulations.]
(Excerpt) Read more at volokh.com ...
I wish there was an ethics rule that prohited these frivilous suits which have no chance but were intended for force settlements.
This is the same manure they tried to pull with the gun litigation.
India....
In some respects, I feel the pharmeceutical industry has a hand in this to force the price up and increase their profits.
The court agrees with you. “the court rejected the claim, finding that manufacturers of lawful products couldn’t be held responsible because criminals misused those products”
The really insane part of this (well there are many insane parts to it) is the fact that people like us will be “controlled” from purchasing what we need for legal, medical, logical reasons — but rest assured those that want it for illegal purposes will find a way to get it. So this will be just more governmental control that will ultimately only affect those who don’t need the control to begin with.
I’m going to sue Victoria’s Secret because.....well you know why.
I have a cold and bought some cough medicine at the self check out and had to get approval, it sucks.
“This is the same manure they tried to pull with the gun litigation.”
Yup! I’m surprised those suits didn’t include the mining companies that provided the raw materials for guns and ammo!
“I have a cold and bought some cough medicine at the self check out and had to get approval, it sucks.”
And yet the aliens are dragging it over the border by the pound. No problem!
Armed gang holds up train in Mexico, robs freight
By Gustavo Ruiz, Associated Press Writer / December 27, 2008
MORELIA, Mexico A gang of about 20 men armed with assault rifles robbed a train in the western Mexican state of Michoacan and carted off some of its freight, the state prosecutors office said Saturday.
The gang parked a pickup truck across the tracks on Friday, forcing the train to stop.
The assailants then threatened the trains crew and opened some of the freight containers it was carrying.
A statement by the prosecutors office did not specify what the gang stole from the train, operated by Kansas City Southern, a subsidiary of the U.S.-based railway company.
But the thieves may have been after drums of pseudoephedrine, a chemical used in the illegal manufacture of methamphetamines, according to an official at the Michoacan state attorney generals office. The official spoke on condition of anonymity because he was not authorized to be quoted by name.[snip]
http://www.boston.com/business/articles/2008/12/27/armed_gang_holds_up_train_in_mexico_robs_freigh
Why this isn't “settled law”, I don't understand.
During Prohibition the government lost their attempts to remove a product from the market that my father, among many others, purchased regularly.
I don't know the “legitimate” use of it, but it carried a large warning on the label:
“Do not add this product to ... or you will be illegally producing beer.”
If you go about three paragraphs down the original item, you’ll discover the court threw out the claim.
End the failed war on some drugs.
these people are crazy a lot of us have bad allergies so we are being punished for what law enforcement does not do! I guess the fascist traffic ticket business is their number one job.
There's another hot button for me. I have a buddy who has to take strong narcotic pain medication. He's 100% disabled due to a destroyed disk and a dehydrated disk in his back. Two of his vertebrae are "bone on bone". His physician limits his pain medication to keep him from "getting addicted", even though he's had the condition for over 10 years. He has NO other tendency to drug abuse (doesn't drink because of the medication) other than caffeine and tobacco, hardly world class drug threats.
The real reason he can't get the medication is because his doctor knows that if he started actually treating the full extent of the pain with the proper level of medication, he could lose his license and go to jail because of the WOD.
So my buddy suffers, as does anyone who has true chronic pain. I understand where you're coming from, trust me.
Paging Dr. House!
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