Tuesday, July 31, 2007
Professor Stephanie Aleong of Nova SouthEastern University Law School presented a talk at the SouthEast Association of Law Schools (SEALS) on counterfeit drugs. She argued for an extension of environmental models (e.g., RCRA, CERCLA) to combat the existing problems of distributors presenting counterfeit drugs into the market place. Professor Aleong calls for manufacturers to be held liable when the distributor engages in the sale of counterfeit drugs. Although she limits the remedy to civil tort actions, one has to wonder if this extension will eventually reach the criminal arena.