In re Justice Department Oversight of Drug Company Prosecutions.

On March 24, 2005, WLF wrote to Deputy Attorney General James B. Comey, urging the Justice Department (DOJ) to remove the Office of Consumer Litigation (“OCL,” a branch of DOJ within the Civil Division) from its oversight and supervisory role in criminal cases arising under the Food, Drug, and Cosmetics Act involving alleged improper promotion of pharmaceuticals and medical devices. WLF charged that OCL has failed in that role and has done little to develop a coherent federal government policy regarding when such criminal investigations are warranted. WLF asked that the coordination role be reassigned to DOJ’s Criminal Division, which has far more expertise and experience in addressing the issues inherent in any criminal investigation. WLF said that it is particularly concerned about the need for effective DOJ coordination in this area because criminal investigations of promotional activities have the potential to adversely affect the nation’s health care delivery system.