A man who unlawfully sold unapproved versions of drugs used to treat erectile dysfunction for the second time was sentenced on March 15, 2022, to more than one year in federal prison. David Kempema, age 61, from Sioux City, Iowa, received the prison term after an October 26, 2021 guilty plea to introducing misbranded drugs into interstate commerce with intent to defraud.
Information from a plea agreement and sentencing hearing shows that between February 2014 and December 2018, Kempema advertised and offered for sale pills that he had ordered from India or Germany. The pills contained the same active ingredients as Viagra and Cialis, which were prescription drugs approved by the Food and Drug Administration (“FDA”) to treat erectile dysfunction. To advertise his pills, Kempema placed advertisements in men’s restrooms in businesses along the Interstate 29 corridor. The advertisements referred to the pills as male enhancement “dietary supplements” called “Supermale” and “All Natural Male.” Kempema obtained or attempted to obtain at least 4,059 pills for resale. When interviewed by an FDA agent, Kempema admitted that he knew the drugs were not the FDA-approved versions and that they contained the same active ingredients as the FDA-approved versions.
Kempema was previously convicted of introducing misbranded drugs into interstate commerce in 2011 in United States v. David Kempema, case number 11-CR-4140 in the Northern District of Iowa. In a plea agreement in that case, Kempema admitted that, between October 2009 and July 2011, he ordered pills from India that contained the same active ingredients as Viagra and Cialis. Kempema then sold the non-FDA-approved pills under the names of Viagra and Cialis. On February 8, 2012, defendant was sentenced to 60 days’ imprisonment and one year of supervised release.
Kempema was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Kempema was sentenced to 18 months’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
“Individuals who sell misbranded drugs obtained from overseas are taking advantage of American consumers while putting those same consumers at risk of side effects from these drugs,” said Acting United States Attorney Timothy Duax. “For the second time, David Kempema put the lives of others on the line because of his own personal greed. This sentence holds him accountable for his actions and demonstrates that this type of crime will not be tolerated.”
“Prescription drugs that are smuggled from overseas and are outside the secure supply chain can present a serious health risk to those who use them. The drugs may contain unknown or dangerous ingredients and are manufactured under unknown or unregulated conditions,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We will continue to investigate and bring to justice those who traffic in illegal prescription drugs.”
David Kempema was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the FDA Office of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-4081.
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