Can the U.S. Food and Drug Administration Act Against Global Frauds? The Extraterritorial Effect of Food and Drug Administration Sanctions After Small v. United States

August 2005

60 Food and Drug Law Journal 347-360 (2005).

As the U.S. Food and Drug Administration (FDA) becomes part of a globalized world enforcement process, Americans need to consider whether regulatory prosecutions and violations that occur outside U.S. borders can be counted in making U.S. prosecution choices about drug marketers. This article examines the effect of a recent U.S. Supreme Court decision, and predicts that Department of Justice and FDA lawyers will need to be creative and thoughtful in handling overseas offenses. Gaps in current law are explored and suggestions for the future are offered.


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