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e-Commerce Law & Strategy

May 2007

State Regulation Of Prescriptions Online May Violate Commerce Clause

By Jonathan Bick

The New York State Narcotic Bureau of Enforcement is investigating companies in New Jersey, Mississippi and elsewhere for facilitating Internet prescription-medicine transactions. These facilitators include Web site owners, database providers and Internet service providers — none of which has New York offices, assets or residents. But any indictments or convictions resulting from such New York investigations might be barred by the U.S. Constitution’s Commerce Clause.

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