United States v. Caputo

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Presently before this Court is Defendants’ motion to dismiss the indictment. (R. 24-1, Defs.’ Mot. to Dismiss.) Defendants’ motion to dismiss raises four arguments: (1) the Food and Drug Administration’s (“FDA”) regulatory scheme violates the Due Process Clause because it is too ambiguous to afford proper notice of prohibited conduct; (2) the conspiracy count is duplicitous; (3) FDA prohibitions on manufacturer promotion of off-label uses violates the First Amendment; and (4) the false-statement count is based on fundamentally ambiguous…