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View Diary: Oregon House passes pseudoephedrine (Sudafed) prescription bill (44 comments)

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  •  Express Pre-emption (none)
    Another lawyer can check me on this but my first impulse is that the law is essentially meaningless because (as the Supreme court recently affirmed) The federal government has pre-empted state authority to regulate perscription drugs. Now, Constitutionally because of the federal supremacy clause, federal laws trump state ones when they conflict.

     The open question in regulation situations  is whether the Federal regulation is meant to be the final word on a matter (and thus states are pre-empted from passing additional regulations) or whether the federal regulation can  be enhanced by additional local rules.

    I believe its pretty settled law at this point that the Federal government has expressly pre-empted the entire field of drug regulation and thus states are without power to classify drugs as perscription only htat are labeled OTC by the FDA

    Knowledge is power Power Corrupts Study Hard Be Evil

    by Magorn on Fri Jul 22, 2005 at 09:33:23 AM PDT

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