The presence of gamma-hydroxybutyric acid (GHB) and gamma-butyrolactone (GBL) in alcoholic and non-alcoholic beverages

Gamma-hydroxybutyric acid (GHB) and its precursor gamma-butyrolactone (GBL) are regularly implicated in instances of surreptitious drug administration, particularly in beverages (so-called "spiked drinks"). In order to assist in the interpretation of cases where analysis of the actual beverage is required, over 50 beverages purchased in the UK were analysed for the presence of GHB and GBL. It was found that naturally occurring GHB and GBL were detected in those beverages involving the fermentation of white and particularly red grapes. No GHB or GBL was detected in other drinks such as beer, juice, spirits or liqueurs. GHB/GBL was detected in red wine vermouth (8.2 mg/L), sherry (9.7 mg/L), port (GBL), red wine (4.1-21.4 mg/L) and white wine (<3-9.6 mg/L). The presence of GHB/GBL did not appear to be influenced by the alcohol content or the pH of the beverage. In addition, the concentration in wines did not appear to be related to the geographical origin of the grape type. This is believed to be the first published data concerning the endogenous presence of GHB and GBL in the beverages described.     

Generic drug maker wins right to sue for anti-competitive practices

In December 2000, the Ontario Court of Appeal upheld the right of generic drug manufacturer Apotex Inc to sue three name-brand pharmaceutical companies for allegedly anti-competitive practices. Apotex's claim had been struck out by a lower court, but the appellate court overturned this judgment and allowed the suit to proceed. The facts alleged by Apotex, if eventually proved true, could support a court finding that the name-brand companies were in fact liable.     

Canadian court upholds Glaxo's patent on AZT

In October 2000, the Federal Court of Appeal issued the latest ruling in the ongoing dispute over the validity of Glaxo's Canadian patent for AZT, upholding Glaxo's patent but narrowing the scope of the claims it could validly make. The decision is now on appeal to the Supreme Court of Canada.     

Criminal law and HIV/AIDS: update V

This regular column reviews new developments in the area of criminal prosecutions for HIV transmission or exposure, or developments that have come to our attention since the last issue. Canadian developments are the focus. Cases and legislation from other jurisdictions are only included if they represent a significant development in this area of the law or for the jurisdiction in question.     

Motion to strike claim dismissed in HIV defamation suit

On 23 April 2001, the Ontario Superior Court of Justice issued the first Canadian ruling on the issue of whether words inputing that a person is HIV-positive or has AIDS can be the basis of a defamation action per se, in the case of Serdar v Metroland Printing, Publishing and Distributing Ltd.     

Canada/US: Competition Bureau will not investigate GSK efforts to stop cross-border sales by internet pharmacies

On 21 March 2003, the Competition Bureau of Canada announced it would not proceed against GlaxoSmithKline (GSK) for its actions to block Canadian-based internet pharmacies from exporting medicines to the United States.     

Canadian Supreme Court upholds,but limits,AZT patent

On 5 December 2002, the Supreme Court of Canada ended a long-running dispute when it unanimously upheld the validity of the Canadian patent on the antiretroviral drug zidovudine (AZT) held by Glaxo Wellcome (now GlaxoSmithKline).