I’m not either, but I’m very familiar with the business. From my understanding, the individual wouldn’t get in trouble under the Food, Drug, and Cosmetics act but rather, if they were encouraging people to take Snakeoilapam for cancer, as practicing medicine without a license. Generally, FDA has some difficulty going after individuals unless they are also a company, and it’s one of the reasons why dodgy nutriceutical companies are often structured as multi-level marketing orgs (a.k.a. Ponzi schemes). When each person selling the stuff is a home-based independent contractor, and the parent company makes no claims about the product, it’s tough to enforce false claims made by the individuals.
That’s more than half right, then. My point is that they go after companies. They don’t go after individual persons, because their enforcement power is mostly related to corporations and how they market (and import/export) drugs & medical devices.
