Second Question of the Day October 11, 2013 When a cease and desist letter is received from a pharmaceutical company is this an indication that litigation will follow if the terms of the letter are not followed? How many times are these letters sent out that the compounding pharmacy does not stop and no litigation follows? Should companies be required to send these letters or should the FDA do it? Who should be responsible for the litigation? Should it be done in tandem?

A great risk to a compounding pharmacy if it is making a commercially available compound and is ultimately sued is that it runs the risk of not only having to pay damages but also the other sides attorney's fees and cost in having to bring the action.