Showing posts with label United States Attorney's Manual Statement on Prosecution for Animal Drugs and Black Markets Including HGH and Animal Drugs. Show all posts
Showing posts with label United States Attorney's Manual Statement on Prosecution for Animal Drugs and Black Markets Including HGH and Animal Drugs. Show all posts

Monday, July 29, 2013

United States Attorney's Manual Statement on Prosecution for Animal Drugs and Black Markets Including HGH and Animal Drugs


Under the FDCA, Congress has comprehensively regulated animal drugs. The black market for these animal drugs includes both foreign-made drugs that do not comply with FDCA requirements, and drugs banned in the United States. Targets in these investigations include smugglers, distributors to veterinarians and livestock owners, and veterinarians who compound such drugs from smuggled raw or bulk ingredients.

The FDCA's regulation of animal drugs has two central aims. One is to ensure that veterinary drugs are both safe and effective for the animals that receive them, because unsafe or ineffective drugs may result in unnecessary economic loss to livestock owners. The other aim is to insure the safety of the nation's food supply. Unapproved animal drugs, or drugs that are used in an unapproved manner, may leave dangerous chemical residues in food derived from treated animals. Such residues pose serious health risks to humans that ingest them.

The FDCA is structured to achieve its aims through two complementary approaches. One approach is to require that all "new animal drugs," 21 U.S.C. § 321(v), be approved as safe and effective by FDA before being marketed for use. 21 U.S.C. § 360b. Virtually all drugs intended for animal use are new animal drugs within the FDCA's definition and thus are required to receive FDA's approval prior to marketing. A drug lacking such approval is deemed to be adulterated under the FDCA and may not be distributed in interstate commerce. 21 U.S.C. §§ 331, 351(a)(5), 360b. The other approach is to require that all drugs be properly labeled so that all users, including laymen, can use them safely and effectively. 21 U.S.C. § 352. A drug that is not properly labeled is deemed to be misbranded and may not be distributed in interstate commerce. 21 U.S.C. §§ 331, 352.

FDA grants pre-market approval to a "new animal drug" only if its sponsor succeeds in demonstrating that the drug is safe and effective for its intended uses. To gain approval, the sponsor must submit a "new animal drug application" ("NADA") bearing extensive, scientifically rigorous data covering a number of subjects. Such subjects include the ingredients and composition of the drug; the methods and controls used in producing the drug; and the extent to which foods derived from animals treated with the drug may contain chemical residues that pose health risks to humans. 21 U.S.C. § 360b(b)(1). More specifically, a NADA must describe how the manufacturer proposes to measure chemical residues in food products derived from treated animals and must describe any restrictions on use of the drug necessary to keep such residues at safe levels.

Approval of an NADA, if granted, pertains only to those particular uses of the drug specified in the application (uses that would typically be confined to particular animals). 21 U.S.C. § 360b(a)(1). For instance, an NADA showing safety and effectiveness of a particular formulation for a disease condition in swine does not allow the manufacturer to claim similar effectiveness for the disease condition in cattle. Due to the metabolic differences in species of animals, each new condition must be the subject of an approval. Moreover, FDA can revoke approval if, at a later time, evidence demonstrates that a drug is not safe or effective for the particular uses for which it has been approved. 21 U.S.C. § 360b(e).