Wedgewood Pharmacy: U.S. Court of Appeals Vacates ...( SWEDESBORO N.J. Dec. 12 /- Yester...),Health

SWEDESBORO, N.J., Dec. 12 /PRNewswire/ -- Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit vacated the Drug Enforcement Administration's (DEA) 2006 revocation of Wedgewood Pharmacy's registration to dispense controlled substances. Wedgewood has been challenging the DEA's decision since it first was issued.

The ruling consolidated two petitions: the company's appeal of the DEA's decision and the DEA's denial of Wedgewood's petition for reconsideration. The court explained that it does not set-aside Federal agency rulings "unless the interpretation is arbitrary, capricious, or manifestly contrary to the statute ... [and] if the agency ... entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise." The unanimous ruling, authored by Circuit Judge Karen LeCraft Henderson, noted "we cannot help but conclude that the DA's [DEA's Deputy Administrator] decision 'entirely failed to consider an important aspect of the problem,'" that is, "whether animal medicine operates differently from human medicine."

George J. Malmberg, R.Ph., F.A.C.A, F.A.C.V.P., the pharmacist president and CEO of Wedgewood Pharmacy, noted: "The Court made clear its concern that the practice of veterinary medicine differs from the practice of human medicine. We believe that the current standard of practice in our profession, which is to dispense controlled substances to veterinarians rather than to horse owners or stable personnel, is consistent with the law's intention to prevent the improper use of controlled substances. We look forward to having our registration restored by the DEA, though the timing of that will depend upon the agency's response to this ruling."

The DEA objected to Wedgewood's practice of preparing compounded controlled-substa
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