Bryce Cleveland, President and CEO of Scalpa, Inc., pleaded guilty on July 31 to three charges related to the sale of unapproved skincare products by his company. The charges include mail fraud, introduction of an adulterated device into interstate commerce, and introduction of an unapproved new drug into interstate commerce.
Cleveland, 42, from Scottsdale, Arizona, was apprehended in Colombia last year and arrested on a federal warrant after an indictment was returned against him in July 2024. Prosecutors said that between 2018 and December 2020, Cleveland engaged in a scheme to market and deliver unapproved devices such as ScalpaJECT Hyaluronic Acid and Hyaluron Pen while falsely claiming these devices were not subject to U.S. Food and Drug Administration regulation. He also introduced the unapproved drug “Scalpatox” into commerce.
According to prosecutors, injectable products like those sold by Scalpa are particularly concerning because they can pose serious health risks due to their method of delivery directly into the body or bloodstream. The FDA has issued multiple warning letters regarding illegally marketed botulinum toxin products similar to Scalpatox and has documented adverse events including symptoms consistent with botulism.
Cleveland agreed as part of his plea deal to serve between four and eight years in prison. He will pay restitution for all criminal conduct described in the case and forfeit $800,000. Cleveland also admitted responsibility for all 34 crimes charged in the indictment.
The case was investigated by the U.S. Food and Drug Administration—Office of Criminal Investigations with assistance from the United States Postal Inspection Service, United States Marshals Service, Department of Justice’s Offices of International Affairs, and Judicial Attaché in Bogotá. First Assistant United States Attorney Robert N. Tracci made the announcement.
Assistant U.S. Attorneys Corey Hall and Randy Ramseyer, along with Trial Attorney Taylor Broadbent from the Criminal Division’s Health and Safety Unit, are prosecuting this case. The Health and Safety Unit works with law enforcement partners nationwide on cases involving dangerous drugs or consumer products that could harm Americans as part of its mandate within the Department of Justice’s Criminal Division.
The U.S. Attorney for the Western District of Virginia is responsible for federal prosecutions across western Virginia—including offices in Roanoke, Charlottesville, Abingdon, Lynchburg, Danville, and Harrisonburg—and partners with local agencies on public safety initiatives as part of its role within the Department of Justice, according to its official website.