Larry M. Simonsmeier Writing Award
The American Society for Pharmacy Law (ASPL) is a nationwide organization with the purposes of: (i) furthering knowledge in the law related to pharmacists, pharmacies, the provision of pharmaceutical care, the manufacturing and distribution of drugs, and other food, drug, and medical device policy issues ("Pharmacy Law"); (ii) communicating accurate legal educational information; and (iii) providing education opportunities for pharmacists, attorneys, and others who are interested in Pharmacy Law.
ASPL recognizes outstanding scholarship related to Pharmacy Law with the Simonsmeier Award. The Award recognizes an outstanding paper relating to the interests of ASPL published during the prior two years (2014-2016). The 2017 Award includes an honorarium plus support for travel to the ASPL Developments in Pharmacy Law Seminar XXVIII in Scottsdale, AZ, November 2-5, 2017.
The Award is named in honor of the late Larry Simonsmeier (1944-2009), who was a pharmacist and attorney, professor and dean of Washington State University College of Pharmacy, president of ASPL, and editor of the Rx Ipsa Loquitur for more than twenty years.
Papers related to Pharmacy Law, as defined above, published in or accepted for publication in any English-language peer-reviewed journal (including law reviews) during the period from January 2014 through December 2016 are eligible. Interested parties are invited to nominate published papers written by themselves or other authors. Authors may submit manuscripts that are in press.
Submission of Nominations
Nominations should provide the name, address, daytime telephone number, and e-mail address of the nominator, a reprint of the full paper, and a complete journal citation for the paper being nominated. If an author is submitting a manuscript that is in press, the copy of the manuscript should be accompanied by documentation from the journal editor of the status of the paper, and should include contact information for the journal editor. The deadline for submission of nominations for the Larry M. Simonsmeier Award is June 30, 2017.
Nominations should be addressed to:
Education & Scholarship Committee
Questions may be directed to ASPL at:
November 28, 2016
Eight Circuit: a person may be found guilty of misdemeanor violations of the FDCA without evidence of knowledge of violation or intent
A review in the FDLI Update for November-December 2016 discusses at length the 8th Circuit's decision upholding a conviction of Joseph Gellerman, a clerk in a store, the Last Place on Earth, that sells synthetic drugs. The jury found him guilty on 2 misdemeanor charges of violations of the FDCA by delivery of misbranded drugs without intent to defraud. Although Gellerman argued that he was neither an owner or manager of the shop, and his only involvement in selling the synthetic cannabinoids in question was in his limited role as the clerk who handled the sale, the jury was instructed that assisting in the delivery of a misbranded drug was sufficient to find guilt under 21 USC § 331. The trial court rejected Gellerman's objections to the instructions, citing 8th Circuit jurisprudence in US v. Hiland, for the proposition that "neither knowledge nor intent is required for a misdemeanor violation of §331."
In his substantive review of the case, author Norman G. Tabler, Jr., notes that the 8th Circuit probably reached a correct resolution to Gillerman's case, since there was evidence he was aware that his boss was distributing synthetic cannabinoids. As Tabler notes, "Gellerman's arguments were narrow - even carping. The appeals court could have disposed of them with equally narrow language. But the court in effect chose to shoot down Gellerman's arguments with a shotgun rather than a rifle. In relying on Hiland, the court borrowed a legal principle that was clearly meant for corporate officers at the highest level and applied it to a clerk at the lowest level." [Tabler NG Jr, FDCA conviction without evidence of knowledge or intent? FDLI Update 2016 Nov/Dec; http://bit.ly/2gzm84L]
SAVE THE DATE
2017 DPLXXVIII Seminar
November 2-5, 2017