https://www.justice.gov/opa/pr/united-states-files-consent-decree-permanent-injunction-against-california-dietary-supplement
Company Failed to Follow Good Manufacturing Practices and Distributed Dietary Supplements Containing the Unsafe Food Additive “DMAA”
The
Department of Justice filed a complaint in the U.S. District Court for
the Central District of California seeking a permanent injunction
against VivaCeuticals Inc., doing business as Regeneca Worldwide, and
its CEO Matthew A. Nicosia, to prevent violations of the Federal Food,
Drug and Cosmetic Act (FDCA). Defendants have agreed to cease all
operations as part of a settlement with the Department.
According to the complaint, which was
filed by the Department of Justice’s Consumer Protection Branch, the
defendants violated the FDCA by failing to manufacture dietary
supplements in accordance with the FDA’s current good manufacturing
practice (CGMP) regulations. The complaint also alleges that the
defendants violated the FDCA by manufacturing and distributing a product
called RegeneSlim Appetite Control (RegeneSlim), which contained the
unsafe food additive 1, 3 dimethylamylamine (DMAA), and failing to
disclose the presence of DMAA in RegeneSlim’s labeling. The complaint
further alleges that the defendants violated the FDCA by marketing
RegeneSlim to be used in the cure, mitigation, treatment or prevention
of disease, thereby causing RegeneSlim to be an unapproved new drug and a
misbranded drug.
The government’s enforcement action
resulted from a series of U.S. Food and Drug Administration (FDA)
inspections of the defendants’ manufacturing facility that found
recurring FDCA violations of the same nature as those alleged in the
complaint, and which the defendants failed to correct despite FDA
warnings.
“When dietary supplement manufacturers
place unsafe and undisclosed ingredients in their products and disregard
CGMP regulations, they put the public health at risk,” said Principal
Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice
Department’s Civil Division. “The Department of Justice will continue
to work closely with the FDA to prevent dietary supplement manufacturers
from jeopardizing public health.”
In conjunction with the filing of the
complaint, the defendants agreed to settle the litigation through a
consent decree that would permanently prohibit them from committing
violations of the FDCA. The consent decree requires the defendants to
cease all operations, and requires that if the defendants wish to resume
manufacturing dietary supplements or drugs in the future, the FDA first
must determine that the defendants’ manufacturing practices have come
into compliance with the law. The proposed decree is currently awaiting
judicial approval.
This matter was handled by Trial
Attorneys Clint Narver and Monica Groat of the Civil Division’s Consumer
Protection Branch, with assistance from Claudia Zuckerman of the FDA’s
Office of the Chief Counsel.
No comments:
Post a Comment