January 28, 2006
Guilty Plea In Counterfeit Botox Case
The press release is here. Apart from the evident negligence per se issues, the facts could make for an interesting torts claim:
According to the Second Superseding Indictment, the conspiracy count charged that defendants Livdahl, Karim, Toxin Research International, Inc., Powderz, Inc., The Cosmetic Pharmacy, Inc., and Z-Spa, Inc., conspired to purchase 3,081 vials, each containing five nanograms of Botulinum Toxin Type A and other ingredients, in a formulation designed to imitate Allergan’s Botox®Cosmetic, the only product made with Botulinum Toxin Type A that is approved by the FDA for use in human beings. The defendants then engaged in a scheme to defraud by marketing and selling to health care providers for use in human patients the fake Botox as a cheap alternative to Allergan’s Botox® Cosmetic, without the administering health care providers advising their human patients that the fake Botox was not Allergan’s Botox® Cosmetic and was not approved by the FDA for use in human beings. The Second Superseding Indictment charged that health care providers then used the defendants’ Botulinum Toxin Type A on their human patients, despite labeling that stated, “For research purposes only; not for human use.”
The defendants' sentences range from 180 days home detention to 70 months in prison.
January 28, 2006 | Permalink
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