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Business Law

Every year, about 30 percent of American households purchase at least some prescription drugsonline. There is nothing inherently unlawful in such a transaction. Consider that Article X of the Constitution gives the states the authority to regulate activities affecting the safety and welfare of their citizens. In the late 1800s, the states developed systems granting physicians the exclusive rights to prescribe drugs and pharmacists the exclusive right to dispense prescriptions. The courts routinely upheld these state laws. All states use their police power authority to regulate the licensing of pharmacists and the physicians who prescribe drugs. Recently, the New York State Narcotic Bureau of Enforcement started investigating all companies in New Jersey and Mississippi that had been involved in Internet prescription medicine transactions with residents of New York. None of the companies under investigation has New York offices. The legal question immediately raised is whether the New York State investigations are violating the commerce clause. Moreover, it is the Food and Drug Administration (FDA) that enforces the regulation of prescription drugs, including their distributors. As you learned in this chapter, the federal government regulates all commerce not specifically granted to the states. This is called the dormant commerce clause. As such, this clause prohibits state regulations that discriminate against interstate commerce. Additionally, this clause prohibits state regulations that impose an undo burden on interstate commerce. The dormant commerce clause has been used in cases that deal with state regulation of pharmacy activities. What is your stand on whether state regulation of Internet prescription drug transactions violates the dormant commerce clause of the Constitution? Debate with your fellow classmates.
Every year, about 30 percent of American households purchase at least some prescription drugsonline. There is nothing inherently unlawful in such a transaction. Consider that Article X of the Constitution gives the states the authority to regulate activities affecting the safety and welfare of their citizens.
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Assignment ID
39553
Discipline
Law
Type
CREATED ON
August 30, 2016
COMPLETED ON
August 31, 2016
Price
$30
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