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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