Sentencing for FD&C Act violations

Executive Summary

The U.S. Sentencing Commission is considering amending sentencing guidelines applied to individuals and organizations convicted of criminal FD&C Act violations, and FDA's Office of Criminal Investigations appears to be pushing for stronger guidelines, according to Hyman, Phelps & McNamara's FDA law blog. The Commission's proposed priorities include treatment under the guidelines of offenses related to human growth hormone (of which there are currently none) and the Prescription Drug Marketing Act (for which the statutory maximum is 10 years). The commission has until May 1, 2008, to submit guideline amendments to Congress...