Smart Women’s Choice Consent Decree
FDA says the Arizona federal court has entered a consent decree of permanent injunction ordering Smart Women’s Choice and its CEO, Jennifer Richard, to stop distributing drugs until the company complies with the Federal Food, Drug, and Cosmetic Act and meets other requirements in the decree. According to a complaint filed with the decree, the company and Richard distributed unapproved new drugs within the U.S. marketplace.
In a statement, the agency says it has not approved Smart Women’s Choice drug, a vaginal cream the company has marketed as a safe and effective contraceptive. The complaint says FDA issued a 2021 Warning Letter advising the company that its distribution of an unapproved contraceptive was illegal, but Richard and Smart Women’s Choice continued to violate the law.