As reported in a cover story in “The Tan Sheet”, individuals at dietary supplement companies will be facing increased scrutiny and the potential for criminal charges in the months ahead. The article, “DoJ Aims To ‘Do Something About’ Crime in FDA-Regulated Industries,” reports on a warning from Department of Justice (DoJ) Consumer Protection Branch Director Michael Blume that the agency is “committed to prosecuting individuals” in FDA-regulated industries — further noting that when individuals within these industries do something that is criminal, that “the government should do something about it.”
This is important news for supplement companies today, who are working diligently to keep in compliance with current FDA and FTC regulations, such as Good Manufacturing Practices and claims substantiation. With DoJ involvement, it is likely that more and more defendants may face fines and possible jail time. And indications are that the defendants in these suits may be the individuals running the company, rather than just the company itself.
The article also addresses the added concern for supplement companies and FDA-regulated firms that have already received one misdemeanor conviction for a violation and who may be at risk for a second offense. Under the Food, Drug and Cosmetic Act, a second offense is considered a felony – so ensuring that they are complying with all regulations and not in danger of being charged with a second offense becomes even more critical for these companies, particularly in light of increased attention by the DoJ surrounding potential criminal actions in the supplement industry.
With additional attention and action of the DoJ surrounding dietary supplements and the supplement industry, and the greater potential for individuals and companies to face criminal charges and be prosecuted for supplement-related crimes, it is becoming more and more important that today’s supplement companies are in full compliance with all current, and future, FDA and FTC regulations surrounding dietary supplements. It’s anticipated that the Department of Justice will act on their strong commitment to “do something” about potential supplement company crimes – and companies today need to protect themselves by ensuring that they are following all legal guidelines in the supplement industry at all times.
If you have any questions or concerns about how supplement companies can best ensure that they are in compliance of all FDA/FTC regulations, or if you are facing criminal charges/criminal prosecution surrounding dietary supplements, call us 24/7. Rick Collins and the attorneys at Collins, McDonald & Gann can provide you with important, experienced legal insight and counsel surrounding dietary supplement law. Rick can be reached by phone at 516-294-0300, or by email at [email protected].