Drug groups ask Supreme Court to pull constitutionality out from under California drug disposal law

Having been unable to persuade a federal court or an appeals court that a California county's mandate that drugmakers pay for the disposal of unused meds was off base, PhRMA, BIO and GPhA are going to the ultimate arbiter of legal matters, the U.S. Supreme Court. The trade associations have filed a writ of certiorari, asking the Supreme Court to decide if the county provision violates the freedom of interstate commerce provisions of the constitution. The groups last year were able to dissuade California legislators from passing a law that would have created a statewide program but have been unable to halt the county's ordinance. The groups say in the 146-page filing with the court that Alameda County is just looking for someone else to lay the cost of government program onto and it unfairly picked drugmakers whose only connection to the county is that they sell a product there. Story | Filing

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