FR Doc E9-20335[Federal Register: August 24, 2009 (Volume 74,
Number 162)] [Notices] [Page 42692] From the Federal Register
Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24au09-93]
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Spirit Pharmaceuticals, L.L.C.; Dismissal of Proceeding
On June 22, 2007, I, the Deputy Administrator of the Drug
Enforcement Administration, issued an Order to Suspend Shipment
(hereinafter, Suspension Order) to Spirit Pharmaceuticals, L.L.C.
(Respondent), of Fairless Hills, Pennsylvania. Suspension Order
at 1. The Order suspended Respondent's proposed importation of
2,000 kilograms of ephedrine hydrochloride from Emmellen Biotech
Pharmaceuticals, Ltd., of Mumbai, India, on the ground that the
product "may be diverted'' to the illicit manufacture of
methamphetamine, a schedule II controlled substance. Id. at 3;
see also 21
U.S.C. 971(c).
The Suspension Order alleged that Respondent had identified
AAA Pharmaceutical, Inc. (AAA), on its Import Declaration (DEA
Form 486) as the customer for the product. Id. at 2. The Order
also alleged that in a telephone conversation, a "representative
of AAA stated that the ephedrine was to be manufactured into
tablets, packaged, and sold to Novelty, Inc.'' Id. Finally, the
Order alleged that Novelty, Inc., distributed over-the-counter
products containing ephedrine to entities such as gas stations
and convenience stores, id. at 3, that these outlets sell
ephedrine products "in quantities that exceed what would be
necessary to meet legitimate demand,'' and that the products "are
often sold to persons for use in the illicit manufacture of
methamphetamine.'' Id. at 2.
Neither Respondent nor AAA requested a hearing on the
allegations.\1\ The record was then forwarded to me for final
agency action.
---------------------------------------------------------------------------
\1\ Novelty did, however, request a hearing
on the Suspension Order. On August 17, 2007, I denied
Novelty's request. See 72 FR 49316 (2007).
---------------------------------------------------------------------------
On January 17, 2008, I also issued an Order to Show Cause and
Immediate Suspension of Registration to Novelty.\2\ On September
3, 2008, following a hearing, I ordered the revocation of
Novelty's registration as a distributor of list I chemicals and
the denial of any applications it had pending before the Agency.
See Novelty Distributors, Inc., 73 FR 52689, 52704 (2008).
---------------------------------------------------------------------------
\2\ Because Novelty's registration was
immediately suspended, my review of the Order to Suspend
Shipment was held in abeyance pending the issuance of the
final order in Novelty and judicial review of it.
---------------------------------------------------------------------------
Shortly thereafter, Novelty filed a Petition for Review in
the U.S. Court of Appeals for the District of Columbia Circuit.
On June 22, 2009, the Court of Appeals issued a Per Curiam Order
denying Novelty's Petition for Review. See Novelty, Inc., v. DEA,
2009 WL 1930184, *1 (D.C. Cir. June 22, 2009). Moreover, on July
28, 2009, the Court of Appeals denied Novelty's Petitions for
Rehearing and Rehearing En Banc. See Novelty, Inc., v. DEA, No.
08-1296 (D.C. Cir. Filed July 28, 2009) (order denying rehearing
and order denying rehearing en banc).
As noted above, the Suspension Order was based on
Respondent's intended distribution of the ephedrine to AAA,
which sought the ephedrine for the purpose of manufacturing
ephedrine products for Novelty. The Court of Appeals, however,
has now upheld the Agency's Final Order revoking Novelty's
registration. Because Novelty lacks authority under Federal law
to distribute ephedrine products, I conclude that this case is
now moot. Cf. Board of License Comm'rs v. Pastore, 469 U.S. 238,
239 (1985) (per curiam). Accordingly, this proceeding is
dismissed.
It is so ordered.
Dated: August 12, 2009.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E9-20335 Filed 8-21-09; 8:45 am]
BILLING CODE 4410-09-P
NOTICE: This is an
unofficial version. An official version of these publications may be obtained
directly from the Government Printing Office (GPO).
