Richard B. Smith III, Medical Spa Owner Pleads Guilty to Illegal Treatments, Missouri 2021

Kansas City, Mo. - In a shocking turn of events, Richard B. Smith III, the former owner of a Kansas City medical spa, pleaded guilty in federal court to providing illegal treatments to his patients. This guilty plea comes after a lengthy investigation by the U.S. Food and Drug Administration, Office of Criminal Investigations.

Smith, 46, of Shawnee, Kansas, waived his right to a grand jury and pleaded guilty before U.S. District Judge Howard F. Sachs to a federal information that charges him with one count of receiving misbranded drugs (foreign and unapproved Botox) and delivering them for pay with the intent to defraud or mislead, and one count of receiving adulterated devices (Juvederm Ultra 3) and delivering them for pay with the intent to defraud or mislead.

According to court documents, Smith owned and operated Tap and Blade, located at 7208 Wornall Road, Suite 206, in Kansas City, Mo. Tap and Blade offered medical services, such as injections of prescription drugs, including Botox, and prescription devices to enhance facial features, including Juvederm Ultra 3. Smith was the only employee of Tap and Blade and performed all the procedures offered at the clinic.

The FDA investigation began in December 2020 based on information that multiple patients suffered injuries after receiving treatment at Tap and Blade. Agents executed a search warrant at Tap and Blade on April 7, 2021, and found boxes of Juvederm Ultra 3 as well as three syringes filled with Botox.

By pleading guilty today, Smith admitted that he obtained Botox and Juvederm Ultra 3 over the internet and without a prescription from a website in China. Smith purchased the products from Alibaba.com because the foreign products were significantly cheaper, which allowed him to lower his cost compared to his competitors and led him to gain more customers.

Smith admitted he never told his patients he was using foreign prescription drugs and devices that had not been approved by the FDA. Smith estimated he treated approximately 50 to 60 customers. Smith treated at least 10 patients who suffered a bodily injury after being treated with Juvederm Ultra 3.

Under federal statutes, Smith is subject to a sentence of up to six years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

Source: https://www.justice.gov/usao-wdmo/pr/kc-medical-spa-owner-pleads-guilty-illegal-treatments