Ouellette v. Mills
United States District Court for the District of Maine
91 F. Supp. 3d 1 (2015)
- Written by Mary Phelan D'Isa, JD
Facts
In 2013, Maine amended the Maine Pharmacy Act (MPA) to exempt certain foreign entities from its pharmacist-licensing requirement to allow Maine residents to receive by mail or carrier prescription drugs from six foreign countries for residents’ personal use. Maine pharmacists and pharmacy organizations (plaintiffs) filed suit to challenge the MPA amendments and alleged that it was preempted by the Federal Food, Drug, and Cosmetic Act’s (FDCA) restrictions on the importation of prescription drugs from other countries into interstate commerce. The state argued that the FDCA, which does not regulate the licensure of pharmacists, did not apply because the MPA amendments were limited to the regulation and licensure of pharmacies and pharmacists, which is an area of law traditionally reserved for the states.
Rule of Law
Issue
Holding and Reasoning (Torresen, C.J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
