NY Plastic Surgery Practice Admits Using BOTOX Knock-Off on Patients

Doctors and other employees at an Albany, New York plastic surgery practice have admitted using a counterfeit, cheaper, and unapproved knockoff of the cosmetic drug Botox on patients while charging them full price and telling them they were getting the real thing.

The Plastic Surgery Group, LLP, pleaded guilty this week to felony charges of misbranding drugs for substituting a Botulinum Toxin Type A product made by Toxin Research International, Inc., which the practice had falsely branded as being Botox, the blockbuster drug made by Allergan Inc.

Five physicians, the practice administrator, and a supervising nurse also pleaded guilty individually to misdemeanor charges of misbranding drugs for using the cheaper Botox knockoff and not telling patients.

Deception Lasted Nearly One Year

The Plastic Surgery Group stopped using FDA-approved Botox in about February 2004, the FDA said. The Toxin Research product used in place of Botox was not approved by the Food and Drug Administration.

From February 2004 to December 2004, patients who would come in seeking cosmetic procedures using Botox would receive instead the unapproved knockoff product, but never told that they were being injected with a product other than Botox or Botox Cosmetic, the FDA said.

“In fact, TPSG repeatedly misled patients into believing they were being treated with an FDA-approved BOTOX substance, for example, through the use of the BOTOX name on various brochures, promotional materials, consent forms, and invoices provided to patients,” the U.S. Attorney’s Office said in a statement announcing the guilty pleas.

Even though patients were unknowingly receiving the cheaper product, they were charged full price as if they were being treated with real Botox, prosecutors said. About 150 patients paid more than $100,000 for treatments they thought used Botox, but in fact involved the cheaper, unapproved product.

Guilty Pleas Entered

The Plastic Surgery Group staff members who pleaded guilty were:

• Dr. William F. DeLuca, Jr., 58, of Latham, NY

• Dr. Steven Lynch, 65, of Slingerlands, NY

• Dr. Douglas M. Hargrave, 56, of Delmar, NY

• Dr. John D. Noonan, 62, of Slingerlands, NY

• Dr. Jeffrey L. Rockmore, 42, of Delmar, NY

• Practice Administrator Peter M. Slattery, 48, of West Sand Lake, NY

• Supervisory Nurse Susan Knott, 49, of Latham, NY

Senior U.S. District Judge Thomas J. McAvoy is scheduled to sentence the Plastic Surgery Group in December. The group faces up to $500,000 in fines and orders to pay restitution to patients who were treated with the knockoff product instead of real Botox.

The individual defendants face a separate sentencing in December before U.S. Magistrate Judge David R. Homer, who could impose up to one year in federal prison and fines of up to $100,000 for each defendant.

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