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manatt <br /> manatt I phelps I phillips <br /> Elianna Florido <br /> November 9, 2018 <br /> Page 3 <br /> pharmaceuticals if Defendant is unable to demonstrate reasonable diligence in <br /> performing work on the federal regulatory reform described in subparagraph <br /> 4.2.a above. For the purposes of this paragraph, 'pharmaceuticals"shall have <br /> the same meaning as "drug"as defined by the Federal Food, Drug, and Cosmetic <br /> j Act, 21 USC§321(g). <br /> I <br /> i As a signatory to the settlement agreement, San Joaquin County is bound by its terms. <br /> See e.g. Lerner v. L.A. City Bd. of Ed., 59 Cal. 2d 382, 398 (1963) (finding that"agents of the <br /> j same government are in privity with each other, since they represent not their own rights but the <br /> right of the government.");see also People v. Sims, 32 Cal. 3d 468, 486-88 (1982) (same). Rite <br /> Aid has actively participated in both state and federal regulatory reform regarding the reverse <br /> distribution of pharmaceuticals and therefore this demand for information regarding Rite Aid's <br /> handling of expired warfarin or Coumadin through reverse distribution is improper and in <br /> violation of the terms of Rite Aid's settlement agreement. <br /> However,without waiving the foregoing objection, Rite Aid responds as follows: <br /> Expired warfarin or Coumadin are sent to Medturn where a final credit determination is made. <br /> This policy is entirely consistent with EPA's policy on pharmacy reverse distribution(see RO <br /> 11606 (May 16, 1991)), and also has the added benefit of both(1) sustainably and appropriately <br /> consolidating and managing pharmacy items for return to manufacturer or other final disposition, <br /> and (2) avoiding diversion of pharmaceuticals. <br /> Sincerely, <br /> atthew Williamson <br /> 204754332.1 <br />