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b) The adulteration or misbranding of any food, drug, device, or cosmetic in interstate commerce.
In December, the 2nd Circuit called into question the legal underpinnings of many such drug misbranding cases when it vacated the conviction of pharmaceutical sales rep Alfred Caronia for off-label but truthful promotion, contending it violated his First Amendment rights.
Attorney, and Stryker Biotech, Ard and Whitaker were charged with misbranding.
But criminal and regulatory penalties for product misbranding or adulteration are by no means limited to corporate defendants.
The Court criticized Dow and the Bush Administration's attempts to undermine public protection, stating, "Dow and the United States exaggerate the disruptive effects of using common-law suits to enforce the prohibition on misbranding.
CIARAMITARO was paid "under the table" for his labor in connection with this misbranding scheme, and thus knowingly under-reported his wages to the Internal Revenue Service for tax years 1996 and 1997 by several thousand dollars.
In addition, NID agreed to enter a guilty plea to misbranding and to pay a $40 million fine.
Pfizer's petition asks the FDA to initiate a recall of the Teva and Sandoz medicines to correct their misbranding.
Filing under the federal Lanham Act also keeps the case on a straightforward track to trial for product misbranding and false advertising, instead of allowing it to be bogged down in an appeals court arguing whether lost revenues are "restitutionary" versus "compensatory" damages under the UCL.
The food misbranding and adulteration charges against King carry a three-year maximum sentence.
But the Food and Drug Administration (FDA) is alerting consumers about false and misleading claims being made about products used in lipodissolve, and about other misbranding of these products.
Similarly, the president and part owner of a corporation charged with adulterating and misbranding introcular lenses was held personally liable since his involvement in sterilizing the lenses was extensive and he failed to prevent or correct the violations, even after receiving warnings that problems had arisen.
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