[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20823-20825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8342]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0332]


Jyotin Parikh: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order 
under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring 
Jyotin Parikh for 5 years from providing services in any capacity to a 
person that has an approved or pending drug product application. FDA 
bases this order on a finding that Mr. Parikh was convicted of one 
count of conspiracy to commit an offense against the United States for 
conduct relating to the

[[Page 20824]]

development and approval, including the process for development and 
approval, of a drug product and to the regulation of drug products 
under the FD&C Act. In addition, the type of conduct underlying the 
conviction undermined the process for the regulation of drugs. Mr. 
Parikh was given notice of the proposed debarment and an opportunity to 
request a hearing within the time frame prescribed by regulation. Mr. 
Parikh failed to request a hearing, which constitutes a waiver of his 
right to a hearing concerning this action.

DATES: This order is effective April 6, 2012.

ADDRESSES: Submit applications for termination of debarment to the 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Office of Regulatory 
Affairs (HFC-230), Food and Drug Administration, 12420 Parklawn Dr., 
Element Bldg., rm 4144, Rockville, MD 20857, 301-796-4640.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(2)(B)(i)(II) of the FD&C Act (21 U.S.C. 
335a(b)(2)(B)(i)(II)) permits FDA to debar an individual if it finds 
that the individual has been convicted of a conspiracy to commit a 
felony under Federal law for conduct relating to the development or 
approval, including the process for development or approval, of any 
drug product or relating to the regulation of any drug product under 
the FD&C Act, and if FDA finds that the type of conduct that served as 
the basis for the conviction undermines the process for the regulation 
of drugs.
    On December 9, 2010, judgment was entered against Mr. Parikh in the 
United District Court for the District of New Jersey based upon a plea 
of guilty to one count of conspiracy to commit an offense against the 
United States, in violation of 18 U.S.C. 371.
    FDA's finding that debarment is appropriate is based on the felony 
conviction referenced herein. The factual basis for the conviction is 
as follows: Mr. Parikh was employed at Able Laboratories, Inc. (Able), 
as Laboratory Manager in Quality Control and was later transferred to 
Able's Research and Development. Able developed, manufactured, and sold 
several generic drug products, including products for cardiac and 
psychiatric conditions and prescription pain relievers.
    From in or around 1999 through on or about May 19, 2005, Mr. Parikh 
conspired to cause the introduction and delivery for introduction into 
interstate commerce of a drug that was adulterated and misbranded, with 
an intent to defraud and mislead, contrary to 18 U.S.C. 371, 21 U.S.C. 
331(a) and 333(a)(2).
    Mr. Parikh and his co-conspirators impaired, impeded, defeated and 
obstructed FDA's lawful government function to approve the manufacture 
and distribution of generic drug products by violating Good 
Manufacturing Practices; violating Standards of Procedure by failing to 
properly investigate, log and archive questionable, aberrant, and 
unacceptable laboratory results so that Able could conceal 
improprieties and continue to distribute and sell its drug products; 
manipulating and falsifying testing data and information to conceal 
from FDA failing laboratory results relating to Able's generic drug 
products; creating and maintaining false, fraudulent, and inaccurate 
test results to make it appear that drug products had the requisite 
identity, strength, quality, and purity characteristics so the drug 
products could be distributed and sold to increase Able's sales and 
profit; and creating and maintaining false, fraudulent, and inaccurate 
data and records to obtain FDA approval to market new product lines.
    In furtherance of the conspiracy, in or around March 2003, Mr. 
Parikh supervised the creation of false and fraudulent entries in 
chemist laboratory notebooks, and in the corresponding process 
validation binders, that were used to support Able's Abbreviated new 
Drug Application for Lithium Carbonate Extended Release tablets, for 
which Able received FDA approval on or about April 21, 2003.
    As a result of his conviction, on December 20, 2011, FDA sent Mr. 
Parikh a notice by certified mail proposing to debar him for 5 years 
from providing services in any capacity to a person that has an 
approved or pending drug product application. The proposal was based on 
a finding, under section 306(b)(2)(B)(i)(II) of the FD&C Act (21 U.S.C. 
335a(b)(2)(B)(i)(II)) that Mr. Parikh was convicted of a conspiracy 
under Federal law for conduct relating to the development and approval, 
including the process for development and approval of a drug product, 
and to the regulation of drug products under the FD&C Act, and the 
conduct that served as a basis for the conviction undermined the 
process for the regulation of drugs. The proposal also offered Mr. 
Parikh an opportunity to request a hearing, providing him 30 days from 
the date of receipt of the letter in which to file the request, and 
advised him that failure to request a hearing constituted a waiver of 
the opportunity for a hearing and of any contentions concerning this 
action. Mr. Parikh failed to request a hearing within the timeframe 
prescribed by regulation and has, therefore, waived his opportunity for 
a hearing and waived any contentions concerning his debarment (21 CFR 
part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement, Office of 
Regulatory Affairs, under section 306(b)(2)(B)(i)(II) of the FD&C Act 
under authority delegated to him (Staff Manual Guide 1410.35), finds 
that Jyotin Parikh has been convicted of a conspiracy under Federal law 
for conduct relating to the development and approval, including the 
process for development and approval of a drug product, and to the 
regulation of drug products under the FD&C Act, and that the type of 
conduct that served as a basis for the conviction undermined the 
process for the regulation of drugs.
    As a result of the foregoing finding, Mr. Parikh is debarred for 5 
years from providing services in any capacity to a person with an 
approved or pending drug product application under sections 505, 512, 
or 802 of the FD&C Act (21 U.S.C. 355, 360b, or 382), or under section 
351 of the Public Health Service Act (42 U.S.C. 262), effective (see 
DATES), (see sections 306(c)(1)(B), (c)(2)(A)(iii), and 201(dd) of the 
FD&C Act (21 U.S.C. 335a(c)(1)(B), (c)(2)(A)(iii), and 321(dd))). Any 
person with an approved or pending drug product application who 
knowingly employs or retains as a consultant or contractor, or 
otherwise uses the services of Mr. Parikh, in any capacity during Mr. 
Parikh's debarment, will be subject to civil money penalties (section 
307(a)(6) of the FD&C Act (21 U.S.C. 335b(a)(6))). If Mr. Parikh 
provides services in any capacity to a person with an approved or 
pending drug product application during his period of debarment, he 
will be subject to civil money penalties (section 307(a)(7) of the FD&C 
Act). In addition, FDA will not accept or review any abbreviated new 
drug applications submitted by or with the assistance of Mr. Parikh 
during his period of debarment (section 306(c)(1)(B) of the FD&C Act).
    Any application by Mr. Parikh for termination of debarment under 
section 306(d)(1) of the FD&C Act should be identified with Docket No. 
FDA-2009-N-0332 and sent to the Division of

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Dockets Management (see ADDRESSES). All such submissions are to be 
filed in four copies. The public availability of information in these 
submissions is governed by 21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: March 27, 2012.
Armando Zamora,
Acting Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2012-8342 Filed 4-5-12; 8:45 am]
BILLING CODE 4160-01-P