United States of America v. Nhan Pham

Orlando, Florida, criminal defense lawyer represented the Defendant charged with receipt in interstate commerce and proffered delivery of an adulterated device, in violation of the Federal Food, Drug, and Cosmetic Act.

Between 2015 and 2019, Nhan Pham (55, Orlando) , a physician who performed cosmetic procedures, ordered silicone oil online and injected the silicone into his patients for gluteal and buttock enhancement procedures at his office and residence. The U.S. Food and Drug Administration (FDA) has not approved the use of injectable silicone for body contouring or enhancement and has issued warnings to the public advising them of the illegality of and health risks associated with silicone injections.

Pham inaccurately represented to his patients before performing the procedures that the substance he was injecting into their bodies was “safe,” “natural,” and would dissolve over time. After receiving the silicone oil injections, patients experienced complications, such as sharp and severe pain, discomfort, discoloration, itchiness, burning, inflammation, soreness, and hardness in the injection areas. On September 24, 2019, Pham offered to perform silicone oil injections on an undercover law enforcement agent.

This case was investigated by the U.S. Food and Drug Administration – Office of Criminal Investigations and the Metropolitan Bureau of Investigation, with assistance from the Pasco County Sheriff’s Office and United States Marshals Service. It was prosecuted by Assistant United States Attorney Diane Hu.

The Defendant was sentenced to two years in federal prison.