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" ... FedEx was indicted in 2014 by a federal grand jury in San Francisco for its alleged role in distributing controlled substances and prescription drugs for illegal Internet pharmacies. The DOJ charged the Memphis-based global courier with conspiracy to distribute controlled substances, conspiracy to distribute misbranded drugs, distribution of controlled substances and misbranding drugs. ... "
" ... In the parallel universe populated by overreaching regulators and plaintiffs' attorneys, however, "0 grams Trans Fat" is unlawfully misleading and renders the potato chip package "misbranded." That, in turn, allows those who were duped into believing that such chips, in the words of a new lawsuit, "made only positive contributions to a diet," to sue the manufacturer. ... "
" ... Ms. Franz filed a putative class action in the U.S. District Court for the Southern District of California, alleging that the Nivea Skin Firming Hydration Body Lotion she purchased was misbranded and was sold unlawfully as an unapproved drug. Certain statements on the product label such as "improves skin firmness within 2 weeks," Franz argued, intimated that the lotion "affected the structure or function of the body," terminology the FDCA views as indicia of a drug. Under this theory, Beiersdorf thus ran afoul of the state Sherman Law, a violation that rendered the product misbranded and unlawful under the UCA. ... "
" ... The government charged that [a J&J subsidiary] introduced the antipsychotic drug Risperdal into interstate commerce for an unapproved use, rendering the product misbranded. . . . Risperdal was approved only to treat schizophrenia. The information alleges that Janssen’s sales representatives promoted Risperdal to physicians and other prescribers who treated elderly dementia patients by urging the prescribers to use Risperdal to treat symptoms such as anxiety, agitation, depression, hostility and confusion. The information alleges that the company created written sales aids for use by Janssen’s ElderCare sales force that emphasized symptoms and minimized any mention of the FDA-approved use, treatment of schizophrenia. The company also provided incentives for off-label promotion and intended use by basing sales representatives’ bonuses on total sales of Risperdal in their sales areas, not just sales for FDA-approved uses. ... "