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Individual Indicted and Arrested for Illegally Producing and Shipping Adulterated and Misbranded Animal Drugs Without A License

OCI BadgeDepartment of Justice
U.S. Attorney’s Office
District of Puerto Rico

Tuesday, November 19, 2019

SAN JUAN, Puerto Rico – On November 14, 2019, a federal grand jury in the District of Puerto Rico returned an indictment against Rubén Vázquez-Díaz, charging him with three counts each of introducing misbranded animal drugs; introducing adulterated animal drugs; mail fraud; and wire fraud; and one count of being a drug user in possession of a weapon and ammunition, announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico. The U.S. Food and Drug Administration’s (FDA), Office of Criminal Investigations is in charge of the investigation.

Defendant Vázquez-Díaz, with intent to defraud and mislead, did introduce or deliver, or caused to be introduced or delivered, into interstate commerce, an animal drug, namely Blue Magic Formula (BMF), that was misbranded and adulterated, in that the animal drug’s labeling was false and misleading in stating that “BMF contains FDA approved ingredients,” and was unsafe. According to the indictment, the defendant sent shipments of the adulterated animal drugs to Mandeville, Louisiana on December 23, 2016; and to Plantation, Florida on July 19, 2017 and October 10, 2019.

Vázquez-Díaz was charged with violations of Title 18, United States Code, Section 1341 (mail fraud) for using the United States Postal Service to ship the Blue Magic Formula and Title 18, United States Code, § 1343 (wire fraud) for receiving payments for the shipments of the Blue Magic Formula.  On or about May 8, 2019 the defendant, knowing he was an unlawful user of a controlled substance did knowingly possess a firearm and ammunition, that is, one Beretta Model 84 .380 caliber pistol, two 13-round capacity magazines, and 91 rounds of .380 caliber ammunition, said firearm and ammunition having been shipped and transported in interstate and foreign commerce.

“The law requires that drugs, for people as well as for animals, be produced and branded under the most rigorous of quality standards. When individuals fail to exercise the vigilance that the law demands, they will held be accountable,” said United States Attorney, W. Stephen Muldrow.

“American pet owners rely on FDA oversight to ensure that the drugs their pets receive are safe, effective, and labeled truthfully and accurately,” said Special Agent in Charge Justin D. Green, FDA-Office of Criminal Investigations, Miami Field Office.  “Today’s announcement should serve as a reminder of FDA’s commitment to pursuing and bringing to justice those who ignore the law by manufacturing and distributing misbranded and adulterated animal drugs.”

Assistant United States Attorney Scott Anderson is in charge of the prosecution of the case. If convicted the defendant faces a minimum sentence of one (1) year, and up to twenty (20) years in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.

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Consumer Protection
Prescription Drugs
Firearms Offenses
USAO - Puerto Rico

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