Hypothetical Question

[Johnny Rockets]

Something tells me Floppin will know the answer to this but...

Let's say hypothetically that there is a supplement that was recalled by the FDA about a year ago and is no longer on the market. Suddenly someone pops up on Amazon selling a case of the stuff. This is not illegal narcotics or anything just something that was a legit over the counter supplement that worked too well and was banned. Here are the questions I have:

1) Is that illegal?

2) If so, who can get in trouble for it? The person who purchases it, the seller, or both.

Not sure how FDA recalls work. Can a retailer or person just sell what they have in stock but not order anymore or does it have to be sent back?

[Delhommey]

Unless they made it a controlled substance I think on his side it's like selling groceries past their due date and on your side it's just an old fashioned caveat emptor.

[Mrs Pantherfan]

buy your Jersyfied steroids and don't worry about it...they have way more important things to worry about

[Johnny Rockets]

Unless they made it a controlled substance I think on his side it's like selling groceries past their due date and on your side it's just an old fashioned caveat emptor.

Thanks, that is what I was thinking also but now I have to go Google caveat emptor to see what the h*ll that means.

[Guild]

http://www.fda.gov/RegulatoryInformation/Legislation/FederalFoodDrugandCosmeticActFDCAct/FDCActChapterIIIProhibitedActsandPenalties/ucm088277.htm

maybe that will help

[Floppin]

Determine the class level of the food recall. The way you handle the food recall will depend on the class level assigned by the FDA. Class I product recalls constitute a serious danger to human health if consumed. Class II foods may cause a mild health problem. Class III products don't pose any health danger and may simply violate labeling regulations.

It is illegal to sell any type of drug that has been banned by the FDA, but it's not illegal to sell any type of drug that hasn't been approved by the FDA. I don't know which particular drug you are talking about though.

[Johnny Rockets]

Determine the class level of the food recall. The way you handle the food recall will depend on the class level assigned by the FDA. Class I product recalls constitute a serious danger to human health if consumed. Class II foods may cause a mild health problem. Class III products don't pose any health danger and may simply violate labeling regulations.

It is illegal to sell any type of drug that has been banned by the FDA, but it's not illegal to sell any type of drug that hasn't been approved by the FDA. I don't know which particular drug you are talking about though.

Thanks...I don't think it is that big of a deal. There are news articles from a year ago that say it was recalled by the FDA but then they provide a link to the official FDA release and all it is is a warning not to take it and doesn't mention what Class it is. I know the places I used to buy it have all said for awhile that it was recalled and no longer available but it was odd to see it available through a seller on Amazon and didn't know how they could be selling it.

[Floppin]

Thanks...I don't think it is that big of a deal. There are news articles from a year ago that say it was recalled by the FDA but then they provide a link to the official FDA release and all it is is a warning not to take it and doesn't mention what Class it is. I know the places I used to buy it have all said for awhile that it was recalled and no longer available but it was odd to see it available through a seller on Amazon and didn't know how they could be selling it.

It sounds like it might not have actually been a recall, just an FDA recommendation. If that is the case then selling it is completely legal, however your more "reputable" vendors will not carry it based on the FDA recommendation for fear of potential lawsuits.

Here's an example of this.

On the heels of a warning from the U.S. Federal Drug Administration, the Call7 Investigators have found nasal Zicam products still on store shelves.

The FDA issued the warning letter to the makers of Zicam after the agency received more than 130 reports of loss of smell associated with the use of the over-the-counter product.

The Call7 Investigators were the first to uncover potential health problems with the cold remedy five years ago.

Call7 Investigator Theresa Marchetta checked Denver area stores to see if the Zicam products listed in the warning were still being sold and had no trouble finding them.

Walgreens spokesman Robert Elfinger told the Call7 Investigators that the company's stores pulled the Zicam nasal swabs and sprays from shelves yesterday.

He also said the products were flagged at the register so if a customer tried to purchase them, the cashier would be alerted and advise the customer not to make the purchase.

But when Marchetta visited a Denver area Walgreens, she found not only were the products still on store shelves, they were also on sale.

http://www.thedenverchannel.com/news/19782918/detail.html

[Hawk]

poor Johnny...ran out of fake viagra already