ABSTRACT

This chapter identifies behaviors by manufacturers of drugs, devices, biological, and medical supplies in the United States (US) domestic market that closely mirror activities they engage in other countries. In these foreign situations, US regulators have prosecuted these same Industry companies criminally and civilly. The chapter focuses on where US domestic laws have failed to curb corruption in the US industry, examining what has been tried and demonstrating its failure. US laws that address private domestic bribery include those that involve acts such as money laundering. The Industry has sustained criticism for their marketing practices in the US over quite a number of years. The growing concern over the influence of physician conflicts of interest relating to the inducements made by the Industry, and heightened awareness of impacts to patient care and rising healthcare costs, resulted in the US enacting in 2013 the Sunshine Act.