Generic Drug Ban

TALLAHASSEE, Fla. (AP) - An appellate court has ruled that a Florida law banning the substitution of certain drugs must be followed even if a generic version gets federal approval.

The 1st District Court of Appeal on Monday said it would be unconstitutional for the Legislature to delegate its authority over generic swaps to the federal Food and Drug Administration.

Lawmakers would have to change the law to permit the substitution of drugs approved by the FDA since being listed in Florida's negative drug formulary.

The appellate court reversed an administrative law judge's decision that would have allowed a generic to be substituted for the Synthroid, a drug used to treat a thyroid condition.

(Copyright 2009 by The Associated Press. All Rights Reserved.)

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