Drug Compounding Company Seeks Stay, High Court Review

Oct. 5, 2023, 5:27 PM UTC

A drug compounding company is asking the Ninth Circuit to stay its recent mandate in a case involving preemption and said it intends to file a petition for certiorari to the US Supreme Court over the decision.

Wednesday’s motion by Hope Medical Enterprises Inc. comes after the US Court of Appeals for the Ninth Circuit denied rehearing en banc earlier this week over a dispute between Hope Medical and Fagron Compounding LLC over the sale of unapproved drugs.

Hope Medical’s suit against Fagron claims Fagron’s sales of compounded prescription drugs not approved by the Food and Drug Administration are unfair ...

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