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Submitted by prkirkpa on April 13, 2008
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In People v. Privitera, 23 Cal. 3d 697 (1979), under California Health and Safety Code section 1707.1, it is a misdemeanor to sell, deliver, prescribe or administer any drug or device to be used in the diagnosis, treatment, alleviation or cure of cancer which has not been approved by the designated federal agency 21 U.S.C. section 355 or by the state board (Health & Saf. Code, section 1704).
Section 1707.1 provides:
"The sale, offering for sale, holding for sale, delivering, giving away, prescribing or administering of any drug, medicine, compound or device to be used in the diagnosis, treatment, alleviation or cure of cancer is unlawful and prohibited unless (1) an application with respect thereto has been approved under Section 505 of the Federal Food, Drug and Cosmetic Act, or (2) there has been approved an application filed with the board setting forth: (a) Full reports of investigations which have been made to show whether or not such drug, medicine, compound or device is safe for such use, and whether such drug, medicine, compound or device is effective in such use; (b) A full list of the articles used as components of such drug, medicine, compound or device; (c) A full statement of the composition of such drug, medicine, compound or device; (d) A full description of the methods used in, and the facilities and controls used for, the manufacture, processing and packing of such drug, medicine or compound or in the case of a device, a full statement of its composition, properties and construction and the principle or principles of its operation; (e) Such samples of such drug, medicine, compound or device and of the articles used as components of the drug, medicine, compound or device as the board may require; and (f) Specimens of the labeling and advertising proposed to be used for such drug, medicine, compound or device."
Defendants were convicted by jury of the felony of conspiracy to sell and to prescribe an...
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