Solvency: 1nc – repackaging easily circumvents the plan and undermines incremental steps at reform – this takesout the entire case
Christian, 05 - vice president and head of global corporate security for Novartis International (James, Federal News Service, 6/15, lexis)
Pharmaceutical companies…and in the United States The failure rate is sky-high
Liang, 06 - Executive Director and Professor of Law, Institute of Health Law Studies, California Western School of Law (Bryan, 32 Am. J. L. and Med. 279, “Fade to Black: Importation and Counterfeit Drugs”, lexis)
The bill attempts…private industry perspective The lack of international cooperation undermines solvency
Gilbert and Halwani, 05 - attorneys (Tim and Sana, 36 Cal. W. Int'l L.J. 41, “Confusion and Contradiction: Untangling Drug Importation and Counterfeit Drugs”, Fall, lexis)
The FDA has advocated…codes and standards
Demetrakakes, 05 (Pan, Food & Drug Packaging, 6/1, “Pharma fakes”, lexis)
The problem with RFID…to individual packages
Fake RFIDs circumvent
Scalet, 07 - senior editor (Sarah, CSO Online, “The 5 Myths of RFID”, 5/1, http://www.csoonline.com/read/050107/fea_rfid_2.html)
The crucial point…identifying the duplicates
a. pharmaceutical companies are weighing RFID against all other technological alternatives – they’ll crack down but will invest in what works best for them
NGP, 06 (Next Generation Pharmaceutical, “Does RFID have a place in pharma’s future?”
http://www.ngpharma.com/pastissue/article.asp?art=268374&issue=170)
In addition to..he acknowledges
b. government regulations always fail – they lack market information and the plan kills innovation
Adler, professor at Case Western Reserve University and former director of the Environment Program at the Competitive Enterprise Institute, 2000 (Jonathan, “Introduction to Ecology, Liberty and Property”, June 5, http://www.cei.org/gencon/019,03107.cfm)
Baden cautioned critics…free market environmentalism
Regulations fail – industry noncompliance
Sunstein, professor of law at the University of Chicago, 1990 (Cass, 57 Chicago Law Review 407, Spring, lexis)
Despite the stringency…other settings
Noncompliance turns the case – it depends on uniformity
Quirk, 07 - attorney at the Venable law firm with a specialty in telecommunications regulation and policy (Ronnie, Traffic World, 3/26, “RFID's New Challenge;
Tracking technology improves, but legislation threatens to further hold up widespread implementation” lexis)
Despite all these…and future regulations
2nc Repackaging means that counterfeit drugs will be put into RFID packages
Christian, 05 - vice president and head of global corporate security for Novartis International (James, Federal News Service, 6/15, lexis)
And so what we have…of a counterfeiter
Other industry examples don’t apply at all
Patton, 06 (Susannah, “Cracks in the Pharmaceutical Supply Chain”, CIO Mag., Jan. 15, http://www.cio.com/article/16565/Cracks_in_the_Pharmaceutical_Supply_Chain/5)
Celantano acknowledges…by the radio waves
RFIDs have to go in the packaging – no technology exists to mark the pills
Scalet, 07 - senior editor (Sarah, CSO Online, “The 5 Myths of RFID”, 5/1, http://www.csoonline.com/read/050107/fea_rfid_2.html)
When RFID boosters…anyone’s guess
Too many ways to circumvent the 2ac evidence – infiltrating distribution networks, cloning packaging, and inevitable damage to RFIDs mean its easily circumvented – and Liang’s conclusion is to vote neg on presumption because duping the system would shatter all confidence in it
Liang, 06 - Executive Director and Professor of Law, Institute of Health Law Studies, California Western School of Law (Bryan, 16 Alb. L.J. Sci. & Tech. 483, “STRUCTURALLY SOPHISTICATED OR LAMENTABLY LIMITED? MECHANISMS TO ENSURE SAFETY OF THE MEDICINE SUPPLY”, lexis)
Industry spokespersons…the drug supply
Regulations empirically fail because a lack of information for central planning
Stewart, professor of law at New York University School of Law, 1996 (Richard, 15 Journal of Law and Commerce 585, Spring, lexis)
Throughout the world…other societal needs
RFID isn’t coming: They predicted the same thing in 2004, its false because the technology still sucks and they will still listen to industry
Scalet, 07 - senior editor (Sarah, CSO Online, “The 5 Myths of RFID”, 5/1, http://www.csoonline.com/read/050107/fea_rfid_2.html)
Given all these..
Politics RFID adoption is being blocked by the pharmaceutical lobby – it perceives the technology fails
EE Times Asia, 11/16/07 (“RFID hits roadblocks in war vs. fake drugs”, http://www.eetasia.com/ART_8800489301_499488_NT_82bbe061.HTM)
The electronics industry…engineering problems
The fear of the plan means that pharmaceutical companies will wage a political battle against it
CBS News,4-1-07 (L/N)
KROFT:…didn’t disagree
2nc
This link outweighs their turns – even if some pharma companies like the plan – 76% of them oppose it because of the perception of poor physical security for RFID tags
Labor Law Weekly, 10/5/07 (“Physical Security Essential for RFID Pharmaceutical E-Pedigree Certainty”, lexis)
MIKOH Corporation…reading device
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