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KJLLAW, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1625
Experience:  Attorney at Law Office of KJLLAW
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I work manufacturer of disposable medical supplies. We have

Customer Question

Hello, I work for a manufacturer of disposable medical supplies.
We have several types of product nearing expiration. If the company sells expired product is there a potential for me to bring a whistleblower suit against them?
Also, are there any FDA rules prohibiting a US company from selling these products to a foreign country where their health care is so poor that they will pay for the expired goods?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  KJLLAW replied 1 year ago.
  • Good morning. Currently there are no US laws prohibiting the sale of nearly expired or expired medical supplies. The only restriction is that your company cannot sell the expired supplies for use on live patients. If the supplies can be resterilized, and related, then they can sell them. If your company sells the materials prior to the expiration date, to a customer overseas, then the US law would no longer apply and the laws in the country in which the company is located would apply. With regards ***** ***** whistleblower protection, under the Whistleblower Prorection Act an employee has a right to report fraud by medical suppliers. If you believe the company is fraudulent, then you have a right to anonymously report and file with the FDA. I hope this helped you with your question. Any additional questions, just ask.

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Expert:  KJLLAW replied 1 year ago.

if you have any follow up questions, please send me a message.