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DOJ Recovered over $913M in Consumer Protection Cases in 2011

The Justice Department's Assistant Attorney General for the Civil Division has announced that in 2011, its Consumer Protection Branch recovered more than $913 million in criminal and civil fines, penalties, and restitution, with most recoveries coming from food safety cases and health care fraud. In addition, the Branch secured convictions of 37 defendants, obtained prison sentences totaling more than 125 years against 32 individuals, and recorded a 95 percent conviction rate in 2011.

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FDA criminal fines of more than $842M. The Branch brought enforcement actions in response to a number of violations, including unlawful promotion of pharmaceuticals, misleading statements made to the Food and Drug Administration (FDA) about medical devices, the sale of adulterated food and unsafe food, and drug manufacturing practices. The Branch recovered more than $842 million in criminal fines and forfeiture and $40,372 in restitution, secured 12 convictions, and obtained sentences totaling 220 months in prison against 11 individuals.

FDA civil fines of $35M. In addition, the Branch recovered $35 million in civil penalties and won 14 civil injunctions against defendants that failed to manufacture food or drug products safely.

Prosecuted for unsafe imports. The Branch promoted product safety by prosecuting individuals and companies for making false statements concerning safety testing, illegally selling explosives (such as fireworks), and importing products that do not meet safety standards.

Defended FDA, FTC, CPSC decisions. The Branch defended the decisions of government agencies charged with protecting consumers in cases involving, the FDA’s rejection of an unsafe drug and approval of a generic drug to increase consumers’ market choices; the Federal Trade Commission’s (FTC) approval of a regulation to shield consumers from unfair business practices; and the Consumer Product Safety Commission’s (CPSC) recall of an unsafe product.