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Wedgewood Pharmacy: U.S. Court of Appeals Vacates DEA Action
Date:12/12/2007

nces and then delivering the medications to veterinarians and physicians instead of directly to their patients. DEA viewed these practices as "manufacturing" and "distributing" controlled substances as defined by the Controlled Substances Act. Under Wedgewood's then DEA-registration as a "practitioner," however, it was authorized only to "compound" and "dispense" controlled substances. Wedgewood argued that "dispensing" includes constructive delivery to an animal patient through a licensed veterinarian.

In vacating the revocation of Wedgewood's registration to dispense controlled substances, the court remanded the case to the DEA "for further proceedings consistent with this order," saying that the "DEA should clarify its interpretation of 'general office use,' 'order' and 'prescription'" and that the agency should "explain how the difference, if any, between the practices of human and veterinary medicine might affect its analysis."

Malmberg added, "This ruling tells us that we were correct in making arguments that the DEA rejected or ignored. We welcome the opportunity that this ruling now creates to arrive at a clear, sound understanding that works for all concerned. We want nothing more than to work cooperatively with DEA to resolve any issues it may still have with the current state of compounding- pharmacy practice in the veterinary profession."

The court decision is available at http://pacer.cadc.uscourts.gov/docs/common/opinions/200712/06-1156a.pdf.

About Wedgewood Pharmacy

Wedgewood Pharmacy is the largest veterinary compounding pharmacy in the United States, serving more than 20,000 prescribers of animal and human compounds. A compounding pharmacy creates customized medications for individual patients in response to a licensed practitioner's prescription.

Background: About Compounding

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SOURCE Wedgewood Pharmacy
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