Legal Opinion
Medical Center Pharmacy v. Eric Holder, Jr.
Court of Appeals for the Fifth Circuit
Decided February 25, 2011No. 10-50031PublishedCited by 52 opinions
1Opinion of the Court
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 defendant, the Food and Drug Administration (“FDA”), argued that our first opinion enlarged its authority to inspect the records of pharmacies that compound drugs. Before the first appeal,…
2Cases cited10 opinions
- Arizona v. CaliforniaSupreme Court of the United States · 1983
- United States v. LeeCourt of Appeals for the Fifth Circuit · 2004
- General Universal Systems, Inc. v. Hal, Inc.Court of Appeals for the Fifth Circuit · 2007
- United States v. Jaime Castillo Brad Eugene Branch Renos Lenny Avraam Graeme Leonard Craddock Kevin A. WhitecliffCourt of Appeals for the Fifth Circuit · 1999
- Edward B. Brooks, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- William Howe v. City of AkronCourt of Appeals for the Sixth Circuit · 2015
- June Med Svcs v. PhillipsCourt of Appeals for the Fifth Circuit · 2022
- Lindquist v. City of Pasadena TexasCourt of Appeals for the Fifth Circuit · 2012
- Clarence Brown v. Allison TaylorCourt of Appeals for the Fifth Circuit · 2018
- Glenn Alphonse, Jr. v. Arch Bay Holdings, L.L.C.Court of Appeals for the Fifth Circuit · 2015
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