While the FDA isn’t an enforcement body per se, it does have defined legal actions - and defined legal consequences- clearly outlined in the Federal Food Drug and Cosmetic Act. It even tries to cover up any loopholes, although I’ve found that the more you try to cover them, the more you wind up creating. But points to the feds for trying.
So here are the basics, with a few parts cut out because footnote chasing in excess of a very few drives me crazy:
(a) The introduction or delivery for introduction into interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded.
Don’t sell it if it’s not labeled right. In this case, adulteration could mean anything from adding something nasty because it’s cheap - let’s say, you substitute shea butter with nice, cheap, pork fat - and then you label it as vegan. Then, it’s adulterated AND misbranded.
(b) The adulteration or misbranding of any food, drug, device, or cosmetic in interstate commerce.
Doing the above, and selling it across state lines. So if someone bought my pig-fat shea butter on Etsy, and I sent it to them in Illinois, or wherever that person lives.
(c) The receipt in interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.
If you’re a retailer, and you accept the mislabeled pig-fat shea butter mix, you’re in trouble too. You’re liable even if you don’t know it’s mislabeled.
This goes directly into the whole “sometimes, we’re going to investigate” angle:
(e) The refusal to permit access to or copying of any record as required by section 412, 414, 504, 564, 703 or 704(a); or the failure to establish or maintain any record, or make any report, required under section 412, 414(b), 505(i) or (k), 512(a)(4)(C), 512 (j), (l) or (m), 572(i)., 2 515(f), 519, or 564, or the refusal to permit access to or verification or copying of any such required record.
If you have records about what you’ve bought or sold and what you put in it, by golly, you’d better show those records when an official requests them.
(f) The refusal to permit entry or inspection as authorized by section 704.
You better let the inspectors come in and take a look. I find this one strange, as it goes against civil rights regarding search and seizure, so I’m going to write my Congressperson about it. That’s hinky. The Bill of Rights should apply to civil and criminal action.
(g) The manufacture within any Territory of any food, drug, device, or cosmetic that is adulterated or misbranded.
You’re not even supposed to MAKE the bad stuff. And this isn’t just within the United States - this applies to US territories and protectorates as well. So if you’re on an army base, and you’re mislabeling your goods, you’re still liable.
(h) The giving of a guaranty or undertaking referred to in section 333(c)(2) of this title, which guaranty or undertaking is false, except by a person who relied upon a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the food, drug, device, or cosmetic; or the giving of a guaranty or undertaking referred to in section 333(c)(3) of this title, which guaranty or undertaking is false.
100% natural - GUARANTEED! (And oh yeah, 90% of it is from chemically synthesized petrol). That would be illegal.
