Legal sanctions

McCabe and Dunlap apparently were convinced of the potential efficacy of the certification program, and were aware of the time and effort that had been expended in its development, but it remained a program without legal sanction. Through the winter, the two men searched for a way to resolve the conflict and salvage Hesse s work. Dunlap, a chemist himself, could well appreciate Hesse s arguments. 

There are a few circumstances in which confidentiality will not be deemed to have been breached so as to give rise to legal sanctions. These include situations where disclosure is warranted as a matter of public interest, and also where disclosure is ordered within court proceedings, etc. 

Para 25 Sanctions under a Voluntary Scheme While a voluntary scheme could have no formal legal sanctions, we think that the following measures might help, nevertheless, to ensure that new drugs were subject to adequate toxicity testing and clinical trials... 

The institution of clear time frames that are understood by parents, enforced by agencies and have legal sanction would help to keep attention focused on the need for momentum. In every case the preferred option should be for parents to work towards abstinence from drugs, as this offers... 

More information is needed about the efficacy of needle-exchange schemes—and for this to happen, more schemes need to be set up. If they prove a failure, we may see extreme legal sanctions on IV drug abusers possessing illegal equipment. 

When a company cannot or will not voluntarily correct a public health problem with one of its products, FDA has legal sanctions it can bring to bear. The agency can go to court to force a company to stop selling a product and to have items already produced seized and destroyed. When warranted, criminal penalties, including prison sentences, are sought against manufacturers and distributors. 

These highlights of the functions of Council, relevant to our discussion, indicate deliberate tasks to ensure, among other issues, that legal sanctions be given to the principles of quality, safety and efficacy. 

Sally Satel, a psychiatrist at Yale University, is more forthright. As a psychiatrist who treats addicts, she writes in an op-ed essay in the Wall Street Journal, I have learned that legal sanctions—either imposed or threatened—may provide the leverage needed to keep them alive by keeping them in treatment. Voluntary help is often not enough. The essay was titled For Addicts, Force Is the Best Medicine. ft does not bode well for liberty that the editors of even the Wall Street Journal apparently agree. 

Legally sanctioned outcomes eg, planning permission, legally enforceable standards) require governmental backing other standards eg, those decided by Trade Associations and Professional Bodies) may have advisory influence. 

Knowledge of legal sanctions takes on importance according to deterrence models of corporate behaviour and law. If these models are correct then companies act to avoid sanctioning. There are a number of versions of this theory. Some suggest that the actual severity of the penalty may be significant, while others focus more heavily on the symbolic consequences of legal action. 

The responses confuse the legal action that could be initiated by inspectors and the legal sanctions that could be imposed by the courts. Interestingly only one respondent referred to disciplinary procedures , which suggests that respondents recognized the difference between legal sanctions and disciplinary procedures. 

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