United States v. Milstein
United States Court of Appeals for the Second Circuit
401 F.3d 53 (2004)
- Written by Kelli Lanski, JD
Facts
Moshe Milstein (defendant) was convicted of selling counterfeit prescription drugs in violation of the Trademark Counterfeiting Act after he bought foreign-made prescription drugs and repackaged and sold them as American-made drugs to doctors and pharmacists in the United States. The drugs had not passed the Food and Drug Administration (FDA) compliance process for sale in the United States, but Milstein added phony lot numbers during the repackaging process so the drugs would look authentic and FDA approved. Milstein did not have approval from the drug manufacturers to repackage and sell their foreign-made products in the United States. Milstein appealed his conviction on several grounds and argued that selling repackaged genuine goods was not a crime.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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