DOJ Files Suit Against Louisiana Pharm Company for Distributing Unapproved, Misbranded Drugs
Acting
Assistant Attorney General Stuart F. Delery announced that the
Department of Justice (DOJ), on behalf of the FDA, has filed suit in the
U.S. District Court for the Western District of Louisiana against Sage
Pharmaceuticals, its president, Jivn-Ren Chen, MD, and its director of
corporate quality, Charles L. Thomas, all of Shreveport, La. According
to the complaint, the defendants violated the Federal Food, Drug, and
Cosmetic Act (FDCA) by manufacturing and distributing unapproved and
misbranded drug products.
"Today's action furthers the FDA's mission of ensuring that
all drugs sold to the public are safe and effective, and those companies
that undermine this mission will be held accountable," said Mr. Delery.
This is the second injunctive case that the government has
brought against Sage alleging the distribution of unapproved new drugs.
In 2000, the government obtained an injunction against the company
banning the manufacture and distribution of two unapproved new drugs.
Since then, FDA inspections have allegedly revealed that the defendants
continue to manufacture and distribute other drug product—including
prescription pain relievers, over-the-counter (OTC) cough and cold
remedies and OTC wound cleansers—without first obtaining the requisite
FDA approvals.
"As a result, the defendants' products are unapproved new
drugs and misbranded drugs under the FDCA, and potentially unsafe and
ineffective," according to a press statement from the DOJ.
The release stated, "despite numerous warnings from [the]
FDA, the defendants have failed to bring their operations into
compliance with the law." The DOJ announced it will seek a permanent
injunction requiring the defendants to cease all receiving, processing,
manufacturing, preparing, packaging, labeling, holding and distributing
activities until they comply with applicable FDA regulations.
The FDA referred this matter to the DOJ. The Consumer Protection
Branch of the DOJ's Civil Division together with the U.S. Attorney's
Office for the Western District of Louisiana brought this case on behalf
of the United States.
—Based on a press release from the Department of Justice
quote from here
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