D.I.Y. Enforcement: Relators, the False Claims Act and the FDCA

It is an oft-cited feature of the food and drug enforcement landscape that the Federal Food, Drug and Cosmetic Act (FDCA) does not authorize a private cause of action. Increasingly, however, we see suits brought by private citizens under the Federal False Claims Act(FCA) to address conduct that may also, arguably, violate the FDCA.