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THOMPSON v. WESTERN STATES MEDICAL CENTER

No. 01-344.

535 U.S. 357 (2002)

122 S.Ct. 1497

152 L.Ed.2d 563

THOMPSON, SECRETARY OF HEALTH AND HUMAN SERVICES, et al. v. WESTERN STATES MEDICAL CENTER et al.

Supreme Court of United States.

Decided April 29, 2002.

Attorney(s) appearing for the Case

Deputy Solicitor General Kneedler argued the cause for petitioners. With him on the briefs were Solicitor General Olson, Assistant Attorney General McCallum, Matthew D. Roberts, Douglas N. Letter, Alex M. Azar II, Daniel E. Troy, and Patricia J. Kaeding.

Howard M. Hoffmann argued the cause and filed a brief for respondents.*

Justice O'Connor, delivered the opinion of the Court.

Section 127(a) of the Food and Drug Administration Modernization Act of 1997 (FDAMA or Act), 111 Stat. 2328, 21 U. S. C. § 353a, exempts "compounded drugs" from the Food and Drug Administration's standard drug approval requirements as long as the providers of those drugs abide by several restrictions, including that they refrain from advertising or promoting particular...

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