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At the same time, the FDA has stated it will continue to pursue misbranding cases.
to resolve misdemeanor misbranding and civil False Claims Act liability.
If convicted on the misbranding charges, Ard and Whitaker could get up to three years in prison, a year of supervised release and the same fine.
of Quincy, Massachusetts, was convicted of misbranding seafood, a violation of the Lacey Act, a federal wildlife statute, and the economic fraud section of the Food, Drug and Cosmetic Act.
While the company was ultimately acquitted of Food and Drug Cosmetic Act (FDCA) charges for misbranding and adulteration, the FDCA extends liability to "any person guilty of adulterating or misbranding.
Brand identification prevents independent gas station operators from misbranding gasoline and ensures that customers get the product for which they have paid.
The Food, Drug and Cosmetic Act prohibits the misbranding of any drug.
The FDA is intentionally promoting the misbranding of drugs," said Brown.
The Company may, therefore, market this device subject to the general controls provisions of the Act, including requirements for annual registration, listing of devices, good manufacturing practice, labeling, and prohibitions against misbranding and adulteration, and the additional controls mandated by the Class II classification.
YURITTA 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.
BASDEN pleaded guilty to unlawful possession of oxycodone and causing the misbranding of a drug label on December 5, 2001.
Private remedies that enforce federal misbranding requirements would seem to aid, rather than hinder, the function of FIFRA [the Federal Insecticide, Fungicide and Rodenticide Act].
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- misapply funds
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