You rarely ever see a trial court sign an 80-page order…especially in a horse case.
But on September 12, 2011, U.S. District Judge Timothy J. Corrigan of the Middle District of Florida signed an 80-page order on a motion for permanent injunction in a case stemming from an April 2009 incident involving 21 Venezuelan polo horses that died in Florida. The 21 polo horses died after receiving a compound prepared by Franck’s Compounding Laboratory of Ocala, Florida. A link to the 80-page order can be found here.
In the lengthy order, Judge Corrigan denied the Food and Drug Administration’s petition for a permanent injunction to keep Franck’s from producing and distributing animal medications compounded from bulk ingredients without the FDA’s approval.
Judge Corrigan ruled that the FDA does not have the authority to regulate state-licensed veterinary pharmacy compounding, stating:
The FDA has long been on notice that its statutory authority to regulate traditional, state-licensed veterinary pharmacy compounding was questionable. It has decided to proceed with this enforcement action, asserting a ‘maximalist’ interpretation of its authority.”
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