To obtain a felony conviction for a FDCA violation,the misdemeanor elements must be shown as well as either intent or evidence of a prior FDCA violation.

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This is true. To obtain a felony conviction for a violation of the Food, Drug, and Cosmetic Act, the misdemeanor elements of the violation must be established, along with either intent or proof of a prior FDCA violation. This requirement is part of the federal sentencing guidelines for violations of the FDCA.

To Obtain a Felony Conviction for a FDCA Violation,the Misdemeanor