prescribed products. The term does not include:
(1) a wholesale distributor of biological products or a
retailer or a pharmacist licensed under the act of September
27, 1961 (P.L.1700, No.699), known as the Pharmacy Act; or
(2) a manufacturer whose only prescribed products are
classified as Class I by the United States Food and Drug
Administration, are exempt from premarket notification under
section 510(k) of the Federal Food, Drug, and Cosmetic Act
and are sold over-the-counter without a prescription.
"Marketing." Includes promotion, detailing or any activity
that is intended to be used or is used to influence sales or
market share or to evaluate the effectiveness of a professional
sales force.
"Pharmaceutical manufacturer." Any entity that is engaged in
the production, preparation, propagation, compounding,
conversion or processing of prescription drugs, whether directly
or indirectly by extraction from substances of natural origin,
independently by means of chemical synthesis or by a combination
of extraction and chemical synthesis or any entity engaged in
the packaging, repackaging, labeling, relabeling or distribution
of prescription drugs. The term does not include a wholesale
distributor of prescription drugs, a retailer or a pharmacist
licensed under the Pharmacy Act.
"Prescribed product." A drug as defined in section 201 of
the Federal Food, Drug, and Cosmetic Act, a compound drug or
drugs, a device as defined in this section, a biological product
as defined in section 351 of the Public Health Service Act (58
Stat. 682, 42 U.S.C. § 201 et seq.) for human use or a
combination product as defined in 21 CFR § 3.2(e) (relating to
definitions). The term does not include prescription eyeglasses,
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