In any action brought under subsection (c) of section 35-32 or seeking treble damages under section 35-35, a defendant that sells, distributes or otherwise disposes of any drug or device, as defined in 21 USC 321, as amended from time to time:
(1) May not assert as a defense that the defendant did not deal directly with the person on whose behalf the action is brought; and
(2) May, in order to avoid duplicative liability, prove, as a partial or complete defense against a damage claim, that all or any part of an alleged overcharge for a drug or device ultimately was passed on to another person by a purchaser or a seller in the chain of manufacture, production or distribution of the drug or device that paid the alleged overcharge.
(P.A. 17-241, S. 2.)
History: P.A. 17-241 effective July 10, 2017.
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