After an investigation by the FDA’s Office of Criminal Investigations, Richard Deng of Maryland pleaded guilty to “introducing into interstate commerce misbranded foods and drugs, in violation of the federal Food, Drug, and Cosmetic Act.”  Deng sold male sexual enhancement dietary supplements through his company’s storefront and over the Internet.  Many of these supplements contained undeclared prescription drugs—sildenafil (the active ingredient in Viagra) and/or tadalafil (the active ingredient in Cialis).  Deng sold the products without a prescription and without disclosing the drugs’ presence, thus presenting dangers of which purchasers were unaware.  And further to Deng’s discredit, it’s alleged that he continued to sell the tainted dietary supplements after his facility was searched and his unlawful products seized in 2011.  With a guilty plea on the books, Deng now faces up to three years in prison when he is sentenced in August 2014.

If you’re ever faced with an FDA Office of Criminal Investigations inquiry, FDA 483 inspection, FDA warning letter, or other emergency situation involving your supplement company, call the FDA lawyers at Collins, McDonald & Gann.  If you’d like to minimize the chance of facing these situations in the first place, we can help you with that, too.  You can reach us anytime at 516-294-0300.