TT&H Attorneys Thomas McGinnis, Louis Long and Karin Romano win summary judgment for a pharmacy and pharmacist accused of making misrepresentations regarding medication.

The Superior Court of Pennsylvania affirmed a summary judgment entered for a pharmacy and a pharmacist accused of an Unfair Trade Practices and Consumer Protection Law violation because they sold a compounded medication, called an Intestinal Mixture, that contained phenobarbital (The mixture contained a very minimal amount of the phenobarbital such that it was permitted to be sold over the counter.) The court ruled that there was no misrepresentation or deception involved in the sale because the label did state that the product contained phenobarbital, and the lack of any misrepresentation or deception was fatal to the case. The appeals court also ruled that a federal statute regulating the sale of drugs did not provide a private right of action. Countless other issues were not reviewed because they were not properly raised and preserved. The case was handled by Tom McGinnis and Karin Romano. Karin Romano authored the winning brief, and Lou Long argued the appeal.

For more information, please contact Thomas McGinnis, at (412) 926-1420 or tmcginnis@tthlaw.com, Louis Long, at 412-926-1424 or llong@tthlaw.com, or Karin Romano at 412-926-1426 or kromano@tthlaw.com.