SAN FRANCISCO—A San Francisco doctor was indicted by a federal grand jury for reselling off-brand knockoffs of cosmetic treatments for Botox & Juvederm to her customers, the U.S. Attorney’s Office announced on Friday, April 23. The doctor is accused of up-charging her customers for the FDA unapproved treatments for over a four year period.
Dr. Lindsay Marie Clark, 44, had an indictment filed against her on April 1, and it was unsealed on April 23 for allegedly buying $270,000 worth of off brand materials and making more than $1 million as she sold them as genuine treatments from April 2016 to February 2020. Clark has offices in San Francisco & San Mateo that specialize in procedures that use injectable drugs and devices for cosmetic or aesthetic uses.
According to the U.S. Justice Department website, Clark allegedly obtained these off-brand products from sources abroad by ordering the drugs and devices over the phone and internet. Clark allegedly purchased these products from foreign online “pharmacies” and “depots” while instructing her staff to hide the real name and source of the products from patients.
The indictment explains that federal law regulates the manufacture, labeling, distribution, and administration of biologics, drugs, and devices shipped or received in interstate commerce. The law forbids, as a felony, the receipt and delivery of misbranded or adulterated products with intent to defraud and mislead.
“Health care professionals who dispense and administer misbranded and adulterated prescription drugs and devices of unknown origin put the health of their patients at significant risk,” said Special Agent in Charge Lisa L. Malinowski, FDA Office of Criminal Investigations Los Angeles Field Office. “We will continue to pursue and bring to justice those who choose to subvert the safeguards of the legitimate drug and device regulatory regime and supply chain and jeopardize the public health.”
If Clark is convicted, she faces a maximum penalty of three years in prison and a maximum fine of $10,000. Clark made an initial appearance in a San Francisco federal court before Judge Jacqueline Scott Corley on April 23. Clark is currently out on bond awaiting her next court appearance on June 4 where she will be prosecuted by Assistant U.S. Attorney Joseph Tartakovsky with the assistance of Laurie Worthen.
Written By John Aguilar and Casey Jacobs