Innovations-Magazine-June-2023 - 14

ASSOCIATION NEWS
2022-2023 Annual Report on Association Legal Affairs
The NABP Legal Affairs team celebrates its
Sweet 16 this year. In a year of challenge
and change, Legal Affairs continues to
deliver staff counseling, board education,
and drafting services on both internal- and
outward-facing matters to NABP to assist
in its public health protection mission.
Educating Board Leaders
In October 2022, the Legal Affairs team
hosted an interactive webinar for board
counsel on the upcoming changes to the
regulatory world that the Drug Supply
Chain Security Act will bring about this
autumn. Reaction to the webinar was
positive, especially to the level of detail, as
participants became more aware of how the
myriad changes will affect board function.
In a change of pace, Legal Affairs will
host the board of pharmacy legal counsel
at the Executive Officer/Compliance
Officer & Legal Counsel Forum from
October 3-5, 2023, as part of a broader
outreach to essential board of pharmacy
staff. The forum is intended to provide
learning in a setting that promotes
interaction and shared concerns of their
roles. Relevant case summaries, regulatory
updates, and sessions targeting the ongoing
changes in the regulatory and technology
landscapes are planned.
Supporting NABP Programs
In 2022, Legal Affairs successfully launched
a summer legal internship program. A
second-year law school student was selected to
join the inaugural program. Under attorney
supervision, the intern conducted legal
research, drafted legal memoranda, and gave
their capstone research presentation to NABP
management. Legal Affairs is thrilled to begin
its second year of the internship program.
Another law school student accepted NABP's
offer and started in May 2023.
To protect NABP trademarks, Legal
Affairs issued several cease-and-desist letters
that resulted in the entities halting their
infringement of NABP marks.
Legal Affairs supported existing and new
programs throughout the year by developing
12 | JUNE 2023
internal processes and procedures, promoting
legal compliance, and negotiating contracts
for necessary services.
Litigation Update
NABP is a party to three lawsuits:
* In fall 2022, NABP was named a
defendant in a class action alleging,
among other claims, that NABP
engaged in negligence related to the
scoring of one of its examinations.
The parties to the lawsuit are currently
in settlement discussions.
* NABP is a defendant in a case involving
its Drug Distributor Accreditation
program. Three applicants to the
accreditation program sued NABP
claiming, among other things,
that NABP is a state actor, and its
accreditation program criteria are
preempted under federal law. Following
dismissal of all claims against NABP
in December 2020, two of the three
plaintiffs appealed the court decision.
The Federal Court of Appeals for the
Third Circuit held that only one state
law due process claim remains to be
decided, and the case proceeds solely
on that question.
* In August 2019, an organization that
accredits international pharmacies that
ship medications to the United States
sued NABP and other organizations
supporting safe online pharmacies.
The accreditor claimed that NABP and
codefendants conspired to exclude it
from internet search engine results and
reduce consumer choice, among other
claims. Following the March 2021 denial
of the NABP motion to dismiss the case,
discovery ensued focused on the legality
of the accreditor's business model. NABP
and codefendants filed a motion asking
the court to enter judgment in their
favor. In October 2022, NABP filed
an amended counterclaim against the
accreditor, alleging it misleads consumers
about the safety and legality of imported
drugs. The accreditor filed a motion to
dismiss. Both the 2019 lawsuit and 2022
counterclaim matters are pending in
the US District Court for the Southern
District of New York.
NABP is vigorously protecting its assets and
operations in these cases, but it is not able to
comment otherwise on the pending litigation.
Moving Forward
The Legal Affairs team will continue
to serve and protect the Association,
supporting NABP's key services and
educational mission, and assist its member
boards of pharmacy in their public health
protection endeavors.
https://nabp.pharmacy/events/executive-officer-legal-counsel-form/
Innovations-Magazine-June-2023

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