Debarment
Debarment is the state of being excluded from enjoying certain possessions, rights, privileges, or practices and the act of prevention by legal means. For example, companies can be debarred from contracts due to allegations of fraud, mismanagement, and similar improprieties. Firms, individuals, and non-governmental organizations can be debarred.
In cross-debarment, organizations and agencies agree to mutually exclude others based on debarment by affiliates.[1]
As an amendment to the U.S. Food and Drugs Act
Debarment is a penalty set forth in a 1992 amendment to the
As of April 2009, the FDA has debarred 73 persons, an average of less than five per year, of which all but 9 were permanently debarred.[3] The FDA debarred a corporate entity for the first time on March 1, 2018.[4]
Constitutional issues
In the earliest debarment cases, following the passage of the laws permitting the imposition of this penalty, the penalty was imposed on persons who had committed the offending acts had done so before the passage of those laws. They therefore argued that the application of this penalty to them was an unconstitutional
See also
References
- ^ Cross-Debarment Accord Steps Up Fight Against Corruption, World Bank, April 9, 2010.
- ^ 21 U.S.C. § 335a(a)-(g).
- ^ U.S. Food and Drug Administration debarment list, last visited April 21, 2009.
- ^ "Meunerie Sawyerville, Inc.; Denial of Hearing; Final Debarment Order Issued on March 1, 2018". Federal Register. Retrieved 21 March 2018.
- ^ Bae v. Shalala, 44 F.3d 489 (7th Cir. 1995); DiCola v. FDA, 77 F.3d 504 (D.C. Cir. 1996); Bhutni v. FDA, 161 Fed. Appx. 589 (7th Cir. 2006).