The First Hundred Days of the Obama Administration

[bewitched]

Originally Posted by Alex

It might be, but it is an idea that can cut both ways. Simply by requiring different labeling or production forms states could keep certain drugs out of their states or, if it would be enough trouble, out of the country.

"To better protect the children of our state from accidentally taking drugs that can cause severe hormonal fluctuations, all birth control pills sold in this state must be at least 1/4" in diameter, green in color, embossed with the poison-guy face, and imprinted with a code that identifies every person who saw the pill from initial manufacture through bottling. This law is in no way designed to limit a woman access to birth control. In fact, we so strongly believe in birth control that so long as these requirements are met we removed prescription requirements."

Well yes, if you agree that CAFE is the top of a very slippery slope. And while I realize your bc scenario is an extreme example, CAFE does require minimum standards to be met (overseen by the NHTSA) but it does not specifically require uniformity amongst states (i.e. higher standards are not prohibited).

Drug regulation and standards on the other hand are, by law, solely the purview the FDA and requires prescription drugs to be uniform. Drugs are also required by law to have a uniform look (or looks) and changing anything would require an additional round of application and proof that the new "version" of the drug met the same standards as the old. I believe it also requires the states to sell any/all drugs that have been approved for sale by the FDA.