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" ... Felony violations include adulterating or misbranding a food, drug, or device, and putting an adulterated or misbranded food, drug, or device into interstate commerce. Any person who commits a prohibited act violates the FDCA. A person committing a prohibited act “with the intent to defraud or mislead” is guilty of a felony punishable by years in jail and millions in fines or both. The key here is an intentional act. ... "
" ... One published decision involving representations and warranties insurance is Ratajczak v. Beazley Solutions Limited, 870 F. 3d 650 (7th Cir. 2017). That case involved a seller-side representations and warranties policy. The sellers were accused of failing to disclose that their corporation had been adulterating a whey protein concentrate product the company sold as part of its business. They settled with the buyer for $10 million. ... "