Nutrition Business Journal

Prosecutorial discretion

Former federal prosecutor Geoffrey Kaiser explains what influences who gets charged and how

The recent indictment of USPlabs by the Department of Justice (DOJ) for multiple crimes, including violations of the misbranding and adulteration provisions of the Federal Food, Drug & Cosmetic Act (FDCA), should be a warning to the dietary supplement industry that DOJ is willing and able to pursue criminal charges under the FDCA and other laws.

But it’s also a good example of prosecutorial discretion.

Deciding which case merits criminal prosecution, as opposed t

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