Email responses to alleged annual limit on decongestants

https://painkills2.wordpress.com/2015/11/19/fucked-by-the-dea-once-again/

Response email (11/19/2015 11:26 PM)

Hi ,

Thank you for contacting Walmart.com. We appreciate your feedback and we understand your concerns. We value you as a customer and thank you for taking the time to provide this feedback. We will definitely report your concerns. Would you mind providing your name and email address so that I can ensure your concern is fully documented?

If you have additional questions, please reply to this email and we will be happy to assist.

Sincerely,
Kenya P
Walmart.com Customer Care

Dear Kenya:

My name and email address have already been provided. Did you even read the email? Is this the only response I can expect to receive from Walmart?

Johnna Stahl
painkills2@aol.com

Sun, Nov 22, 2015 10:46 am

Re:  A response to your Walmart.com inquiry [Annual limit on decongestants]
From:  Walmart Customer Care, help@walmart.com
To:  painkills2@aol.com

Hi ,

Thank you for contacting Walmart.com. Your business and feedback is truly important to us. My name is Amy, I’m with tier 2 escalations at the corporate office for Walmart.com.

We apologize for the inconvenience you are experiencing, unfortunately this law is enforced through the Drug Enforcement Administration. We advise you to reach out to them directly for any further questions.

Sincerely,
Amy M.
Walmart.com Customer Care

Fri, Nov 20, 2015 9:32 am

RE:  Annual limit on decongestants
From:  ODLP@usdoj.gov
To:  painkills2@aol.com

Dear Johnna – Although the Combat Methamphetamine Epidemic Act of 2005 (CMEA) did establish sales limits, it did not establish an annual sales limit. See below.

The United States has experienced a significant problem with the abuse of methamphetamine and the clandestine laboratories that manufacture it. As a result, many states have enacted legislation to control the precursor chemicals used to illicitly manufacture methamphetamine. In March 2006, the CMEA was signed into law and established restrictions on the sale of over-the-counter (OTC) drug products that contain pseudoephedrine, ephedrine, and phenylpropanolamine. Ephedrine and pseudoephedrine are common ingredients in cough, cold, and allergy products, but are also used in the illicit manufacture of methamphetamine. As part of the CMEA, Congress statutorily placed daily sales limits and 30-day purchase limits on scheduled listed chemical products, to include OTC drug products that contain pseudoephedrine. The CMEA limits the amount of active ingredient that may be sold at retail, per person, to 3.6 grams per day, and a person may not purchase more than 9 grams, per 30-day period, based on a rolling calendar. As the sales limits are a statutory requirement, the Drug Enforcement Administration (DEA) does not have the authority to change them. Furthermore, to ensure the sales limits are not exceeded, the documentation of sales is also a requirement under the CMEA.

On September 26, 2006, the DEA published an Interim Final Rule, in the Federal Register, titled, Retail Sales of Scheduled Listed Chemical Products; Self-Certification of Regulated Listed Chemical Products, to implement the regulations governing the CMEA. (71 Fed.Reg. 56008). On page 56010 of the Interim Final Rule, there is a table that lists the daily sales limits and monthly purchase limits, according to the base quantity, of each listed chemical in OTC drug products. As the OTC drug product, Claritin D, mentioned in your e-mail, has an active ingredient of pseudoephedrine sulfate, the following excerpt of the chart in the Interim Final Rule, indicates the number of tablets that equal retail transaction limits (as base) for scheduled listed chemical products.

However, it is important to note that each state may have its own laws and regulations regarding the purchase of OTC products containing pseudoephedrine. To determine if the state of New Mexico has implemented any such laws or regulations that may be stricter than the CMEA, you may wish to contact the New Mexico State Board of Pharmacy. In accordance with Title 21, Code of Federal Regulations, Section 1307 .02 (21 C.F.R. § 1307.02), when federal and state law or regulation conflict, then the parties involved must adhere to the stricter aspects of each.

[The email was unsigned.]

Fri, Nov 20, 2015 8:53 am

RE:  Annual limit on decongestants
From:  Pharmacy.Board@state.nm.us
To:  painkills2@aol.com
Cc:  Ben.Kesner@state.nm.us

Your inquiry will be forwarded to our Director for follow-up.

[Another unsigned email.]

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