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White Collar Crime Prof Blog

Botox Users Beware!

By Ellen Podgor

The U.S. Attorney’s Office for the Southern District of Florida (Miami) announced the indictment of three doctors and four corporations on mail/wire fraud, drug labeling, and conspiracy charges related to the sale of unapproved Botox to doctors for use in facial enhancement programs for their patients.  According to the press release:

[T]he defendants purchased 3,081 vials, each containing five (5) 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.

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Originally published at lawprofessors.typepad.com

Citation

Ellen Podgor, Botox Users Beware!, White Collar Crime Prof Blog (February 7, 2005) [The Library at LexBlog, LEX-WK-364QJTG3, lexpid.org/364QJTG3]

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