In recent years, there has been an uptick in the number of people accused and convicted of drug crimes. While some of these cases are cut-and-dry, others involve law enforcement and prosecutors stretching the definition of what constitutes a drug crime. This can be especially true in instances where drugs are intentionally mislabeled. So, what exactly constitutes an intentionally mislabeled drug crime? Let's take a look.
There is often confusion about what constitutes an intentionally mislabeled drug crime. In this blog post, we will explore the different elements that must be present for a person to be guilty of this type of crime. We will also discuss the possible defenses that can be used in these cases. If you or someone you know has been accused of an intentionally mislabeled drug crime, it is important to understand the charges and potential defenses. Contact an experienced criminal defense attorney to review your case and help protect your rights.
Mislabeling a Drug
The U.S. Food and Drug Administration defines intentional mislabeling as a drug or device that has been deliberately altered so that it does not meet the agency's requirements for safety and efficacy. Drug misbranding is a serious problem that can very easily compromise patient safety. It involves mislabeling the active ingredient, dosage form, or strength of medication and is often done intentionally as a means of cost-cutting.
The FDA takes misbranding drugs very seriously, as misbranded drugs pose serious safety risks to individuals who use them. According to the FDA, misbranding occurs when a drug or device does not meet the necessary safety and efficacy requirements for approval. In some cases, misbranding can be intentional, meaning that the manufacturer has deliberately changed labeling information in order to get their product through the FDA's stringent process.
Even in cases of honest mislabeling (accidental mislabeling due to human error), the consequences can be dire.
Forms of Drug Mislabeling
There are several ways in which a drug can be mislabeled, including:
- Changing the active ingredient
- Changing dosage form
- Modifying the labeled strength of the medication
Misbranding can have serious consequences for patients and healthcare professionals alike, with potential misuse or even criminal misbranding amongst false accusations leading to negative implications. The key to avoiding mislabeled medication is careful consideration by personnel involved in the labeling process. This means understanding all applicable regulations and ensuring the accuracy of provided data prior to issuance of any pharmaceutical products.
Consequences of Drug Mislabeling
Intentionally mislabeling a drug is a serious crime that can result in fines and imprisonment.
If you are found guilty of mislabeling a drug, you could be looking at steep fines and even prison time. It's especially important to note that criminal punishments for mislabeling drugs exist regardless of whether the label was incorrect due to negligence or intentional deceit. Significantly, consequences could be much more severe if the consequences detrimentally affected a patient's health.
Consequences may be determined by factors such as the severity of the fabrications and the potential harm caused by them.
If you are accused of intentionally mislabeling a drug, you should contact an experienced criminal defense attorney immediately to protect your rights.
Defense Against Drug Mislabeling Charges
Being accused of intentionally mislabeling a drug is a serious offense that carries significant penalties if convicted. If you are currently facing charges for drug mislabeling or are under investigation, it’s important to contact an experienced criminal defense attorney right away. Doing so may increase your chances of having defenses presented to the court and potentially reducing your sentencing. An attorney can also help you understand the full scope of the charges against you and advise you on how best to proceed with your legal representation, allowing you to make informed decisions throughout the proceedings.
Brad Bailey Law Firm can defend you against accusations of intentional drug mislabeling. Contact us today for a free consultation: (617) 500-0252.