Pubdate: Thu, 22 Mar 2007 Source: Batesville Daily Guard (AR) Copyright: 2007 Batesville Guard-Record Co. Inc. Contact: http://www.guardonline.com/ Details: http://www.mapinc.org/media/1403 Author: Nick Nesler ,Guard Staff Writer Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) COUNTY TAKES ON DRUG GIANTS Independence County is taking a bold legal step. The county is suing a pair of pharmaceutical giants as well as some other distributors and makers of products containing ephedrine and psuedoephedrine, both of which are used in the production of methamphetamine. The purpose of the suit, which was filed in circuit court Wednesday afternoon, is to recoup damages that the county has incurred while combating meth use and addiction. "Well we all know what a horrendous problem this is," Independence County Judge Bill Hicks said. "We've fought it for many years and something needs to be done." So using the "guidance" of the tobacco lawsuits that culminated in the multi-state tobacco settlement of 1998, the suit names Pfizer Inc., PDK Labs Inc., Warner Lambert, Johnson & Johnson, Perrigo Company, American Novelties and Cliff McQuay, Cliff McQuay Jr. and Ellen McQuay of Cliff McQuay Sales Company as defendants. The suit contends that these defendants and others that may be discovered through the course of the suit, have "knowingly sold far in excess of the amount necessary for any legitimate use to producers of the illicit drug methamphetamine." The county contends that the defendants "have been aware of the fact that ephedrine and psuedoephedrine from their products is used to manufacture methamphetamine." It further contends that "the county incurs significant costs treating this addiction and its side effects. These costs include, but are not limited to, treating users to overcome their addiction and treating the physical side effects of use, and investigating and remediating theft and violent actions taken by those using methamphetamine against law-abiding citizens." The suit claims that the defendants actively sought loopholes to get around legislative measures that would have helped to curtail efforts to stop the production of meth. It also contends that Pfizer created a product that cannot be made into meth but has refused to sell it, opting to keep it as an "insurance policy." It also states that Warner Lambert, now owned by Pfizer, created a product in which it "would be impossible or virtually impossible to extract them for methamphetamine production." The suit says the Drug Enforcement Administration began pushing for controls as early as 1986, and that someone "reasonably prudent" would have embraced and cooperated with these efforts; however, the defendants did not. They enacted some measures, but the "loopholes" in the law protected the defendants and kept ephedrine and psuedoephedrine available for cooks. According to Hicks, by filing in circuit court the door has been left open for other counties in Arkansas to join the suit. While no other county has come forward to join yet, there are counties interested, the judge said. "I talked to the judge at Jackson County, and he verbally committed, but he's got to go through his quorum court," Hicks said. He also said Fulton, White, Woodruff, Lawrence, Garland and Prescott counties have all contacted him about joining. Also, it is possible that the state could enter the fray, said Hicks who is optimistic about the county's chances. "I'm very comfortable with it," Hicks said. "I think the complaint has tons of information and I'm very comfortable with the information we have." While at press time most of the defendants had not returned phone calls seeking comment, a representative at Priggo noted that the company was ahead of efforts to put its products behind the counter and that the representative would have more information after consulting the firm's lawyers. - --- MAP posted-by: Beth Wehrman