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U.S. Marshals Seize Dietary Supplements

Coral-Based Supplements Were Being Advertised as Drugs, FTC Charges

September 12, 2006

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U.S. Marshals raided a Florida warehouse and seized large quantities of dietary supplements distributed by Advantage Nutraceuticals L.L.C. of Fort Walton Beach.

Among the items seized were Ellagimax capsules, Coral Max capsules, Coral Max without Iron capsules, and Advanced Arthritis Support capsules valued at approximately $55,000. The products are alleged to be in violation of the new drug and misbranding provisions of the Federal Food, Drug and Cosmetic Act.

Although these products are labeled as "dietary supplements," the Food and Drug Administration maintains they are 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 two Internet Web sites owned and used by the firm," the agency said. "We advise consumers to consult with their physician if they are taking these products."

Advantage Nutraceuticals' labeling promotes and markets these products for serious disease conditions, including but not limited to cancer, arthritis, fibromyalgia and seizures.

FDA considers these products to be unapproved new drugs, and the agency said it 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 FDA says the seized products' labeling does not provide.

Following an investigation of the firm's marketing practices, 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.

The FDA says that despite its warnings, the firm failed to take sufficient steps to come into compliance with the Act. During subsequent inspections, FDA inspectors said they found that the offending claims were still being made.

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