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Date: 09-19-2023

Case Style:

United States of America v. Four B. Corporation, d/b/a Balls Food Stores

Case Number:

Judge: Not assigned

Court: United States District Court for the District of Kansas (Wyandotte County)

Plaintiff's Attorney: United States Attorney’s Office in Kansas City, Kansas

Defendant's Attorney:

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Description: Kansas City, Kansas civil litigation lawyers represented Defendant accused of violating the civil provisions of the Controlled Substance Act (CSA).

Four B. Corporation, doing business as Balls Food Stores, owns and operates retail pharmacies in the Kansas City metro area including Price Chopper Pharmacy located on East Santa Fe Street in Olathe, Kansas.

In passing the CSA, the U.S. Congress took steps to create “a closed system” of distribution for controlled substances in which the handling of the substances is subject to intense governmental regulation. One of the purposes of the Act is to prevent the diversion and abuse of legitimate controlled substances, while still ensuring an adequate supply of those substances to meet the medical and scientific needs of the country.

The settlement resolves the government’s allegations that between February 2019 and June 10, 2022, the Price Chopper Pharmacy violated the CSA and its implementing regulations by dispensing controlled substances before receiving prescriptions, improperly partially filling prescriptions, and failing to maintain inventory records for controlled substances.

“The Controlled Substances Act seeks to prevent the abuse and misuse of controlled substances, but that effort is futile unless those who dispense these substances adhere to the CSA guidelines” said U.S. Attorney Kate E. Brubacher. “Hopefully this settlement will make pharmacies take heed of the Department of Justice’s commitment to enforcing these rules.”

"How pharmaceutical medications are dispensed is something we have to take seriously because it can so easily result in someone getting hurt from the drugs,” said Diversion Program Manager Kimberly Daniels, the Drug Enforcement Administration's lead for the Diversion program in the states of Missouri and Kansas, and southern Illinois. “One of the many responsibilities that pharmacies have is ensuring medications are dispensed only after receiving legitimate prescriptions, then they must track the prescriptions they dispense. When they fail to do that, DEA must take action. This settlement is a reminder that DEA's highest priority is the safety and well-being of our citizens."

The Drug Enforcement Administration (DEA) Diversion Control Division, Kansas City Field Office conducted the investigation. Assistant U.S. Attorney Jon Fleenor, Affirmative Civil Enforcement Coordinator handled the case.

For further information please contact the U.S. Attorney’s Public Affairs office.

Outcome: Defendant agree to pay $250,000 to settle the claims made against it.

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