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Costco Sued for Selling Drugs Banned by Food and Drug Administration


PRESS RELEASE: (August 6, 2014) Los Angeles — The Made in the USA Foundation today announced that its Chairman, Joel D. Joseph filed suit against Costco and Apotex for selling prescription drugs banned by the Food and Drugs Administration. (Los Angeles Superior Court case number BC553418)

The drug in question is atorvastatin made by Apotex in India.  The lawsuit also challenges the legality of selling imported drugs without disclosure of the country of origin on the label.

On May 5, 2014 the U.S. FDA ruled that drugs from Apotex’s Indian factory could not be imported into the United States. ( Import Alert 6640) This Import Alert ordered the detention without physical examination of drugs from firms which have not met drug GMP’s or ‘Good Manufacturing Practices’.  Because of this Import Alert Apotex atorvastatin was put on the FDA’s ‘Red List’ of banned drugs.

Mr. Joseph said, “Most Americans want their prescription drugs made in the United States.  However, now 70% of all prescriptions are filled with drugs from India and China and are not labeled where they are made.  Consumers have a right to know where their pharmaceutical products are coming from.  Costco and other pharmacies have no right to sell drugs from facilities that have been red listed by the FDA as being unsafe.”

The suit seeks an injunction against Costco and Apotex for selling drugs from India that are ‘red listed’ by the FDA and seeks to require Costco to label all prescription drugs with their country of origin.

Atorvastatin, marketed by Pfizer as a calcium salt under the trade name Lipitor, is a member of the drug class known as statins, which are used primarily for lowering blood cholesterol and for prevention of events associated with cardiovascular disease. When Pfizer’s patent on Lipitor expired on November 30, 2011, generic atorvastatin became available in the United States. More than 50 million prescriptions are filled for atorvastatin in the United States every year. Lipitor and atovastatin are the bestselling prescription drugs in history.

About Made in the USA Foundation:

Made in the USA Foundation, a bi-partisan, non- profit organization formed in 1989 to promote domestically and internationally products that are “Made in USA” and “Assembled in USA”.  The organization raises awareness and standards around the world concerning fair wages, environmental rules, child labor and human rights. The Foundation also pursues litigation and legislative activity to strengthen and uphold labeling laws and standards.

For more information visit www.madeusafdn.org or call 310-MADE-USA.

Media Contact: Julie Reiser, Julie@madeusafdn.org


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