Alabama District Attorney Sues to Stop “Switching” of Prescription Medicines

District Attorney Arthur Green, of Jefferson County, Alabama, has sued four of the nation’s largest pharmacy chains for improperly “switching” prescription medicines.  The suit, pending since last year in the western division of Jefferson County (Alabama’s most populous county), seeks to enforce an Alabama law which requires pharmacies to dispense medicines “as prescribed” by physicians.

Explaining the basis of the suit, Green states, “When a doctor orders a brand prescription medicine, a pharmacy cannot switch that order to a generic drug, unless it first contacts the doctor for permission for the switch.” The defendants have violated that rule, according to the suit. “They routinely substitute, or ‘switch,’ generic drugs for brand-name prescriptions without obtaining permission from the prescribing physician,” says Lee Gresham, who is one of Green’s attorneys.

District Attorney Green seeks a ruling that the switching is illegal and asks the court to prohibit the practice and penalize the four pharmacy chains for engaging in it for years prior to the filing of the suit. The defendants are Walgreen, Rite Aid, CVS Caremark and Wal-Mart.

In addition to the law requiring drugs to be dispensed as prescribed, Green bases his request for an injunction and penalties on Alabama’s consumer protection statute. That statue “prohibits and punishes practices which mislead pharmacy customers about the medicines they purchase,” explains Clay Hornsby, who is co-counsel for Green. “Our consumer law is enforceable by the District Attorney in the name of the State of Alabama,” he concludes.

The suit is District Attorney Arthur Green, for the State of Alabama, v. CVS Caremark Corp., et al., Case No. 08-1270, Circuit Court of Jefferson County, Bessemer Division.