Imperial Valley Physician Sentenced for Using Unapproved Cosmetic Drugs

SAN DIEGO – Dr. Tien Tan Vo, a physician practicing in Imperial Valley, has been sentenced in federal court for his involvement in illegal activities concerning the use of unapproved and misbranded cosmetic drugs from foreign sources. This case sheds light on a shocking revelation of unlawful medical practices that compromised the safety of patients and bypassed critical FDA regulations.

According to court documents, Dr. Vo administered unauthorized drugs, which had been smuggled into the United States from Mexico, to approximately 178 patients over a span of about four years. Many of these patients were not informed that they were receiving unapproved drugs as part of their treatment.

Vo pleaded guilty to two misdemeanor offenses in August: receiving misbranded drugs in interstate commerce and aiding and abetting Flor Cham, who illegally brought unapproved drugs into the United States from Mexico. Cham, also implicated in this case, is currently facing charges.

In his plea agreement, Dr. Vo admitted that none of the injectable botulinum toxin or lip fillers used in his clinics between November 2016 and October 2020 had obtained approval for use in the United States. This includes a botulinum toxin product called "Xeomeen" and an injectable lip filler known as Probcel—both of which have not received approval from the U.S. Food and Drug Administration.

Magistrate Judge Allison H. Goddard imposed a three-year probationary period on Vo, along with a fine of $201,534. Additionally, Vo was ordered to forfeit the $100,767 in earnings derived from his illicit use of cosmetic drugs. A restitution hearing has been scheduled for December 7, 2023, to determine the final restitution order for potential victims.

U.S. Attorney Tara McGrath emphasized the importance of adhering to FDA regulations and stated, "The public's trust in the FDA approval process relies on healthcare professionals following these regulations. By bypassing the safety and approval procedures set by the FDA, Dr. Vo compromised patient care and prioritized profits over their well-being."

Chad Plantz, the special agent in charge for HSI San Diego, added, "Today's sentencing is a testament to our commitment in diligently investigating and holding responsible those individuals who intentionally smuggle and administer hazardous products."

Special Agent in Charge Robert M. Iwanicki, representing the FDA Office of Criminal Investigations, Los Angeles Field Office, reiterated the significance of FDA regulations in ensuring patient safety and effective medical treatments.

A restitution hearing has been scheduled for December 7, 2023, at 9:30 a.m. before Judge Allison H. Goddard. Victims involved in this case are encouraged to share information or seek reimbursements by emailing USACAS.Cosmetic.Case@usdoj.gov and may submit written statements detailing potential damages or requests for refunds.

This case serves as a stark reminder of the vital role FDA regulations play in protecting patients and highlights the commitment of law enforcement agencies in prosecuting those who disregard these regulations and endanger public health.