Federal Misbranding of Drugs

Federal Misbranding of Drugs

The Misbranding of Drugs

What does the term Misbranding of Drugs mean?
There are a variety of ways that a drug may qualify as misbranded.  For example:

  • Federal law considers a drug misbranded if the labeling is false or misleading.
  • Federal law considers a prescription drug dispensed without a prescription as misbranded.
  • Federal law considers a drug misbranded unless all the words on the label are in the English language (this law does not apply in Puerto Rico).
  • Federal law considers a drug misbranded if its labeling does not include adequate directions for use.
  • In cases where the use of a drug may be dangerous to a person’s health, federal law considers a drug misbranded if its labeling does not include adequate warnings.
  • Federal law considers a drug misbranded if non-FDA packaging inserts accompany it.

What Federal Agency Investigates The Misbranding of Drugs
The United States Food and Drug Administration is a federal agency charged with investigating the misbranding of drugs.

Are Foreign Versions Of U.S. Approved Drugs Illegal To Ship In The United States? 
The Federal Food, Drug, and Cosmetic Act prohibit the interstate shipment and importation of drugs that lack FDA approval. Unapproved drugs are any drugs, including foreign-made versions of U.S. approved drugs, which have not been manufactured or distributed with FDA approval.

What Laws Does The U.S. Government Use to Prosecute Cases involving the Misbranding of Drugs?   
Prosecutors may charge persons accused of misbranding pursuant to a number of different laws, including:

The Federal Food, Drug, And Cosmetic Act
Criminal Conspiracy Statute
Wire Fraud Act
Customs Violations
False Statement Statute

Are you looking for the best federal criminal defense lawyer in Tampa Florida to handle a misbranding of drugs case? Contact Attorney David C. Hardy.

Tampa Attorney David C. Hardy is a former prosecutor that now represents people in matters related to federal criminal offenses.

Attorney Hardy is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. In the Federal Courts, he has handled a wide variety of cases including international extradition, drug trafficking, bank fraud, health care fraud, immigration offenses, aggravated identity theft, the misbranding of drugs, and firearms offenses.  He has represented clients in Federal Trial and Appellate Courts in Florida, Texas, and Georgia.

Attorney Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.  Contact Attorney Hardy for a free consultation.