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Can I sue the FDA for negligence? I had a huge loss on my…

Customer Question
Can I sue the...

Can I sue the FDA for negligence? I had a huge loss on my shipment because FDA officer didnt proceed accordingly

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

No yet

Submitted: 8 months ago.Category: Legal
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Answered in 41 minutes by:
11/18/2017
Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,713
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the FDA was grossly negligent in performing their job and caused the loss to you, then you could seek to sue despite the statutory immunity they have for ordinary negligence. This means you have to prove they did not comply with the law or their own regulations in how they handled your shipment causing you this loss.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
We purchased under the minimun order quantity so the bottles came in blank for the labeling to be applied in the US, they held the shipment and requested a response fron us, we replied asking what was needed to be submited to have the hold removed so we could apply the labels to be able to market it, they never responded, revoked the shipment due to no response, to what I answer "yes, there was a response" they asked to foward the response, which we did and they replied "Your response doesnt state a solution, you are asking us what to submit and we are not here to tell you what to submit to us"
Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

That is not negligent, they cannot tell you what to submit to them. However, I can tell you if the bottles were not labeled as required, they needed you to provide them proof of the contents and the labeling of the bottles that met the FDA requirements.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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