Tuesday, July 31, 2007

Counterfeit Drugs

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.



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I think China has it almost right. I certainly do not think that we should execute the scum who create fake drugs, but I think we should consider raising the offense of knowingly manufacturing and distributing fake drugs to consumers to penalties consistent with attempted murder and murder. It may seem harsh, but fake drugs can be just as deadly as a bullet or bomb to to trusting consumers.

Posted by: Rod Thompson | Aug 1, 2007 7:29:00 AM

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