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ITC Institutes Investigation Based on Allegation of Drug Sales Without FDA Approval, ITC Blog

May 2018

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Normally, it is the FDA that monitors the improper distribution of drugs. But, as it turns out, the International Trade Commission ("ITC") might be able to enter the fray too. On April 18, 2018, the ITC issued a notice instituting an investigation in Certain Clidinium Bromide & Products Containing Same, Inv. No. 337-TA-1109. The investigation is based on an allegation that a number of companies were importing a drug and then selling it without proper FDA approval. In addition, the ALJ was ordered to decide within 100 days "whether the complainants have demonstrated an injury or threat of injury to an industry in the United States."

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