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Vermont v. Leavitt

405 F. Supp. 2d 466 (2005)

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Vermont v. Leavitt

United States District Court for the District of Vermont
405 F. Supp. 2d 466 (2005)

AR

Facts

Concerned about the high cost of drugs and ad hoc drug importation from Canada by Vermont residents, the State of Vermont (plaintiff) submitted a citizen petition to the Food and Drug Administration (FDA) requesting permission to allow the Vermont State Employee Medical Benefit Plan to establish a program to import drugs from Canada. The FDA denied the petition, and Vermont sued. Vermont argued that the Medicare Prescription Drug Improvement and Modernization Act of 2003 allowed it to import Canadian drugs.

Rule of Law

Issue

Holding and Reasoning (Sessions, C.J.)

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Casebooks

Food and Drug Law
Healthcare Law

Key Terms