It shall be unlawful for any drug manufacturer or licensee thereof, excluding a point of sale retail seller, to sell or supply for sale or impose minimum resale requirements for a patented prescription drug that results in the prescription drug being sold in the District for an excessive price.
CREDIT(S)
(Dec. 10, 2005, D.C. Law 16-37, § 2, 52 DCR 9061.)
This chapter has been held unconstitutional in the case of Pharmaceutical Research and Mfrs. of America v. District of Columbia, 2005, 406 F.Supp.2d 56, 78 U.S.P.Q.2d 1822, affirmed 496 F.3d 1362, 83 U.S.P.Q.2d 1639, rehearing and rehearing en banc denied 505 F.3d 1343, 85 U.S.P.Q.2d 1144.
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-37, see notes following § 28-4551.