What does the Prescription Drug Marketing Act of 1988 prohibit?

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The Prescription Drug Marketing Act of 1988 specifically prohibits the sale, trade, or purchase of drug samples. This legislation was enacted to combat the risks associated with the diversion of prescription drug samples from legitimate channels into the black market. Drug samples are intended for healthcare providers to evaluate the effectiveness of a medication before it is prescribed to patients, and allowing their sale or trade could compromise this purpose, as well as pose risks related to safety, efficacy, and proper distribution.

This act also contains provisions aimed at improving the security and integrity of the drug distribution system, ensuring that drug samples are utilized appropriately and reach only licensed practitioners. By prohibiting the distractions often associated with sample distribution, such as fraud, misuse, or misplacement, this legislation seeks to safeguard public health and maintain the integrity of the pharmaceutical distribution system.

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