Wedgewood Village Pharmacy, Inc., in the Matter of Establishment Inspection Of: D/B/A Wedgewood Pharmacy v. United States

McKEE, Circuit Judge.

Wedgewood Village Pharmacy appeals the District Court’s order affirming the Magistrate Judge’s denial of Wedgewood’s motion to quash an administrative warrant issued to agents of the Food and Drug Administration. Wedgewood argues that it is exempt from FDA inspection under provisions of the Food, Drug, and Cosmetic Act (the “FDCA”), 21 U.S.C. § 301 et seq. Wedgewood also contends that it was denied procedural due process. For the reasons that follow, we hold that Wedge-wood was not exempt from FDA inspection under the FDCA, and that issuance of the warrant did not deny…