On July 28, Mead Johnson Nutrition Co. (“Mead”), an infant formula maker, agreed to pay $12.03 million to settle civil FCPA charges with the SEC. The SEC alleged that a majority-owned subsidiary in China used discounts given to third-party distributors to make over $2 million in bribes from 2008 to 2013 to healthcare professionals at state-owned hospitals, to get them to push the use of Mead’s products to new mothers, reaping profits of over $7 million. The SEC also alleged that the subsidiary’s books and records were false as a result of the improper payments, and were then consolidated into the parent company’s books and records; Mead’s internal controls were also alleged to be deficient. Mead did not admit or deny liability.

Of note, the settlement came through the SEC’s administrative process, continuing the trend at the SEC of sending cases to its internal decision-makers instead of to a federal court. The alleged facts also highlight the danger of directing the activities of third-party distributors (here, related to the use of discounts provided to them).