FDA Moves To Seize Products Allegedly Misbranded Under FD&C Act

At the request of the US Food & Drug Administration, on Sept 05 2006, US Marshals seized quantities of Ellagimax capsules, Coral Max capsules, Coral Max without iron capsules, and Advanced Arthritis Support capsules.

The products are alleged to be in violation of the new drug and misbranding provisions of the Federal Food, Drug & Cosmetic Act.

Although these products are labeled as "dietary supplements," they are allegedly being promoted with claims typically associated with drug products. These claims are evident in the products' labeling, including various promotional literature, an audio cassette tape, and 2 Internet websites owned and used by the firm, the FDA claims. "We advise consumers to consult with their physician if they are taking these products," they stress.

The products are distributed by Advantage Nutraceuticals LLC of Ft Walton Beach FL, and valued at approx $55,000. Advantage Nutraceuticals' labeling promotes and markets these products for serious disease conditions, including but not limited to cancer, arthritis, fibromyalgia and seizures, the FDA says.

The FDA considers these products to be unapproved new drugs, and the "agency takes seriously its responsibility to protect Americans from dangerous unapproved drugs. Before a new drug product may be legally marketed, it must be shown to be safe and effective and approved by FDA. Drug product labeling must also include adequate directions for use, which the seized products' labeling does not provide."

Following an investigation of the firm's marketing practices, the FDA advised Advantage Nutraceuticals that the claims related to prevention or treatment of diseases in many of its products' labeling make these products subject to regulation as drugs.

According to government officials, despite the FDA's warnings, the firm failed to take sufficient steps to come into compliance with the Act. During subsequent inspections, FDA inspectors found that the offending claims were still being made.

SOURCE: US Food & Drug Administration