That was left to Congress and if Congress does not act in an area touching interstate commerce, there may be no regulation.

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The Court of Appeals case involved the criminal conviction of a pharma sales rep, Alfred Caronia, for conspiracy to introduce a misbranded drug into interstate commerce in violation of the Federal Drug and Cosmetic Act.

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The act gives the president the power to prevent disruption of interstate commerce.

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The answer is that in passing the act, Congress was relying partly on its authority to regulate interstate commerce.

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