Injunctions and seizures are widely used in FDA enforcement. These are court
orders that require that an entity or person desist from some action, such as
selling tainted food or manufacturing a drug or device that does not conform to
FDA regulations. Because an FDA injunction can close a business by preventing
the sale of its products, it is a very powerful enforcement tool. There are
variations on injunctions, called embargoes or seizure orders, that allow
specific products to be kept off the market. The product is locked down in the
company warehouse, or it may be physically seized and impounded by the
government. When a product is seized because it presents a threat to the
public health or safety, the government does not have to pay compensation
because dangerous property that is not fit for its intended use is treated as
having no value. If the product has a short lifetime, such as fresh produce or a
drug with a short expiration date, the business must comply with whatever
restrictions the agency requests because the delay in fighting the order will
render the product worthless.