In a complaint filed the previous day, the United States alleged that the defendants, Xephyr LLC (d/b/a N-Ergetics), Brad Brand, Derill Fussell, and Linda Fussell, sold colloidal silver through their website as a treatment for COVID-19 and other diseases and conditions, such as pneumonia, AIDS, and cancer. Dominic Smith (no relation to Shashana Smith) was sentenced in October 2015 to 27 months in prison and one year of supervised release. During the last five years it was open, Vendstar made approximately $62 million in sales. 1, 2018, filed a motion seeking a preliminary injunction against Cantrell Drug Company and its co-owner and Chief Executive Officer, James L. McCarley, Jr., to stop the manufacturing and distribution of adulterated drugs. The consent decree requires Neptune to cease all manufacturing operations and requires that, in order for defendants to resume distributing seafood products, the FDA first must determine that Neptunes manufacturing practices have come into compliance with the law. Sign up to receive PACER announcements by email. Court Orders New York Company and its Operators to Stop Distributing Adulterated Dietary Supplements. WebIn general terms, a civil lawsuit is the court-based process through which Person A can seek to hold Person B liable for some type of harm or wrongful act. In a complaint filed June 4, 2018, the United States alleged that inspections at Delta Pharmas facility found numerous insanitary conditions and deviations from current Good Manufacturing Practice requirements, including failure to establish and follow appropriate written procedures that are designed to prevent microbiological contamination of drug products purporting to be sterile. 2:21-cr-20 (D. Nev.). On December 20, 2018, Zhang Xiao Dong (aka Mark Zhang), a Chinese citizen, was sentenced to 24 months imprisonment in connection with a fraud and smuggling scheme to sell mislabeled dietary supplements containing hidden synthetic stimulants. The Eleventh Circuit rejected both of his arguments, holding that the prison sentence was substantively reasonable and that the district court did not err in denying his motion to proceed pro se without holding a third Faretta hearing. Docket Number: 2:20-cv-10032 (E.D. and Mark Berman, M.D. ); 2:14-CV-1156 (D.N.J. On December 7, 2016, Palmer pleaded guilty to one count of conspiracy to commit mail and wire fraud. The complaint alleges that, to sell their vitamin D and zinc products, the defendants have been advertising on social media and the internet that vitamin D and zinc treat or prevent COVID-19 and are more effective than vaccines, in violation of Sections 5 and 12 of the FTC Act, as well as the COVID-19 Consumer Protection Act (CCPA). Registered filers to file federal court documents 24 hours a day, 7 days a week. A hearing for the defendants to show cause why a preliminary injunction should not issue is scheduled for April 17, 2018. The settlement follows an investigation by the Consumer Protection Branch and the U.S. Attorneys Office for the District of New Jersey into potential claims pursuant to the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) and investigations conducted by various State Attorneys General pursuant to state law. Court Enters Stipulated Preliminary Injunction Against St. Louis Chiropractor Deceptively Advertising Vitamin D and Zinc as COVID-19 Treatments. Docket Number: 2:20-cr-00196 (D. Nev.). Under the Federal Food, Drug, and Cosmetic Act, the failure to follow cGMP renders drugs manufactured under such conditions adulterated. Docket Number: 2:16-cr-71 (D. Nev.). Docket Number: 1:17-CR-00113 (S.D. Peruvian Man Sentenced to 100 Months Imprisonment for Overseeing Call Centers that Threatened and Defrauded American Consumers United States v. Hidalgo On December 10, 2014, the United States filed a civil action against William H. Oshiro d/b/a RZM Food Factory to enjoin him from violating the Federal Food, Drug and Cosmetic Act, including violations of current Good Manufacturing Practice standards. Restitution will be decided at a later hearing. One of his co-defendants will be sentenced in April, and another co-defendant is set for trial later this spring. Some of the defendants products also contained undisclosed active pharmaceutical ingredients. Defendant Pleads Guilty in Clinical Trial Fraud Scheme. Docket Number: 1:21-cr-00006-RM (D. Colo.). Goodman served a prison term of 49 months. More than 750 patients in 20 states were diagnosed with a fungal infection after receiving injections of methylprednisolone acetate (MPA) compounded at NECC. Docket Numbers: 1:14-cr-75 & 1:12-cr-489. Press Release Employee of Chinese Chemical Supplier Pleads Guilty in Scheme to Sell Mislabeled Dietary Supplements United States v. XuPress Release The indictment charges Palacio with conspiracy to commit wire fraud, in violation of 18 U.S.C. The firm agreed to be bound by a consent decree of permanent injunction, which includes the recall and destruction of all dietary supplements manufactured, prepared, processed, packed, labeled, held, and/or distributed by the firm since April 2014. Fla.). According to the complaint, FDAs analysis of environmental samples collected during two 2016 inspections revealed the presence of L. mono contamination in multiple locations throughout the facility. The court also found that defendants had distributed adulterated tuna salad sandwiches due to their failure to implement a plan pursuant to the agencys Seafood Hazard Analysis and Critical Control Point (HAACP) regulations. Rodis co-defendants recruited and trained telemarketing staff to answer consumer calls, during which sales staff routinely lied to homeowners about the firms success rates, ability to obtain loan modifications, and, at times, directed homeowners to stop making mortgage payments. Court Permanently Enjoins California Individual from Distributing Adulterated Fish or Fishery ProductsUnited States v. Michel G. BlanchetPress Release In pleading guilty, Palso admitted to conspiring to defraud pharmacy benefit managers into paying for fraudulent prescriptions for topical pain creams, vitamins, and other products. Complaint Filed Against Dietary Supplement MakerUnited States v. Applied Polymer Systems Lawsuits for Civil Rights Violations and Discrimination Additionally, the defendants instructed others to destroy evidence once they became aware that they were under investigation. On February 12, 2016, the district court entered a consent decree of permanent injunction against Mill Stream Corporation of Hancock, Maine, and its owner, Ira J. Victims were instructed to send small processing fees typically $20 or $25 to claim the prizes.
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