The United States Food and Drug Administration is an Administrative Law entity. However, the FDA maintains Administrative, legislative and judicial authority over the food and drug market in the United States. The FDA also possesses criminal law enforcement power. The Food and Drug Administration exists to protect consumers from dangerous foods, medications and other products.
The Food and Drug Administration recently launched a crackdown on medical clinics utilizing risky stem cell treatments. The Los Angeles Times reported that the FDA and United States Marshals Service raided several clinics in Southern California and Florida. Law enforcement seized hundreds of doses of the smallpox vaccine. These clinics intended to mix the smallpox vaccine with stem cells to perform risky patient treatments for cancer and a variety of other diseases. http://www.latimes.com/science/sciencenow/la-sci-sn-fda-stem-cells-20170828-story.html.
The Food and Drug Administration regulates portions of numerous industries. Industries regulated include cosmetics, food, medical devices, medicine, stem cell clinics, tobacco, vaccines and veterinary medical clinics. FDA Administrative Enforcement Actions can include Cease and Desist Orders, Civil Monetary Penalties, License Revocation Actions and other forms of Administrative Law disciplinary actions. The FDA employs civilian investigators and sworn federal law enforcement investigators. The FDA works in conjunction with federal and state agencies that also have regulatory enforcement power over these industries.
The Administrative Law disciplinary process of the Food & Drug Administration is complex. FDA Hearings are governed by the United States Code of Federal Regulations, known as the CFRs. The FDA maintains the authority to discipline individuals and businesses engaged in myriad industries, including the industries listed above. Administrative Law discipline can range from a warning or fine all the way to a lifetime bar from a particular industry. In a United States Food and Drug Administration disciplinary matter, the Respondent has the right to a Hearing before an Administrative Law Judge. Appeals are made before the Department Appeals Board, or DAB. However, final decisions and orders are made by the FDA Commissioner.
Individuals facing Administrative Law discipline from the Food and Drug Administration need an experienced Federal Administrative Law attorney to defend their business or livelihood. Just because the United States Food and Drug Administration files a disciplinary action against an individual or business does not necessarily mean an Administrative Law Hearing will occur. The FDA will often enter into settlement agreements with Respondents. If you are a federally licensed clinic professional facing a disciplinary action from the Food & Drug Administration (FDA), contact a Federal Administrative Law Attorney for representation.