§ 21–1113
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 21-1113 (2026)
Title 21. Food, Drugs, and Cosmetics
Subtitle 11. Miscellaneous Drug and Cosmetic Provisions
§ 21–1113LinkCopy Citation
In any action brought by the Attorney General under § 11–209 of the Commercial Law Article, a person that sells, distributes, or otherwise disposes of any drug, medicine, cosmetic, food, food additive, or commercial feed, as defined in § 6–101 of the Agriculture Article, or medical device:
(1)
May not assert as a defense that the person did not deal directly with the person on whose behalf the action is brought; and
(2)
May prove, as a partial or complete defense against a damage claim, in order to avoid duplicative liability, that all or any part of an alleged overcharge ultimately was passed on to another person by a purchaser or seller in the chain of manufacture, production, or distribution who paid the alleged overcharge.