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U.S. Department of Justice Cracks Down on Fraudulent Dietary Supplement Manufacturing

An onslaught of fraudulent practices have recently been witnessed in the dietary supplement industry. A distinct lack of strict regulations, by the U.S. Food and Drug Administration (FDA), has allowed countless manufacturers to adulterate and manipulate their products with unapproved drugs. As a testament to the misconduct of the dietary supplement industry, two considerably sized companies pleaded guilty to selling products that contained unapproved and undisclosed drugs. On November 9, 2011, Anabolic Resources, Inc., otherwise known as Anabolic Xtreme, and Nutrition Distribution, Inc. pleaded guilty to the introduction and delivery of unapproved new drugs into interstate commerce with intent to defraud and mislead.

Anabolic Resources, Inc., currently operating under the alias Anabolic Xtreme, is a dietary supplement manufacturer that is registered in the states of California and Nevada. Earlier this month, Kevin Smith, the president of Anabolic Resources, pleaded guilty in front of a federal court in San Jose for distributing his products with an undisclosed drug. According to his plea, Smith acknowledged that Anabolic Resources knowingly manufactured and distributed Superdrol, a purported dietary supplement that contained a drug that was not approved by the FDA.

Subsequently, Smith’s company knowingly manufactured and distributed Anabolic Resources Superdrol with undisclosed ingredients into interstate commerce. Anabolic Resources Superdrol is a dietary supplement that is comprised of a synthetic steroid known as methasteron, also known by the chemical name 17 β-Hydroxy-2α, 17α-dimethyl-5α-androstane-3-one. According to the defendants testimony, Anabolic Resources knowingly labeled Anabolic Resources Superdrol in a manner that was intended to deceive consumers and the FDA. While it was labeled as a dietary supplement, Anabolic Resources Superdrol could not be defined as such. With methasteron acting as the main ingredient, the product should have been labeled as a synthetic steroid. However, classifying it as a dietary supplement allowed Anabolic Resources to evade strict FDA regulations.

In a similar guilty plea, Nutrition Distribution, Inc. admitted to knowingly manufacturing and distributing Anabolic Xtreme Hyperdrol and Anabolic Xtreme Slim Xtreme, both of which contained drugs that were not approved by the FDA to be in their products. According to the plea issued by Nutrition Distribution, the company purposefully neglected to add 6-Bromodione, a synthetic drug, to the label of Xtreme Hyperdrol products. Nutrition Distribution knowingly labeled Anabolic Xtreme Hyperdrol in a manner that was intended to deceive consumers and the FDA, in that the product was labeled as a dietary supplement, and not a synthetic steroid.

Nutrition Distribution simultaneously distributed and manufactured Anabolic Xtreme Slim Xtreme, a purported dietary supplement whose main ingredient was 2-diphenylmethyl pyrrolidine, at the same time they introduced Xtreme Hyperdrol to interstate commerce. Anabolic Xtreme Slim Xtreme also could not be defined as a dietary supplement, as the active ingredient in the product was a synthetic stimulant. Accordingly, Nutrition Distribution labeled this product in a manner that was intended to deceive consumers and the FDA.

According to a United States Department of Justice Press Release, the plea agreement forced Anabolic Resources to pay a fine of $500,000 and Nutrition Distribution faced a fine of $100,000. However, the companies are also restricted from introducing new drugs until monitoring and testing results indicate that their products are labeled correctly with approved ingredients.

The plea agreement further requires that Anabolic Resources and Nutrition Distribution destroy, at its own expense, any remaining Superdrol, Hyperdrol, and Slim Xtreme product that was not seized by the government previously. The defendant further agreed to provide certification of such destruction to the government within 30 days of said action.

Do I have a Dietary supplement Lawsuit?

The trial lawyers at The Senators (Ret.) Firm, LLP have decades of experience navigating through complex legislative and regulatory issues and litigating high stakes cases all over the nation. Our law firm focuses on the representation of plaintiffs in dietary supplement lawsuits. We are currently accepting new cases in all 50 states.

Again, if you or a loved one has been injured by a dietary supplement containing unapproved drugs, you should contact our lawyers immediately by clicking the link below or calling toll free 1-800-773-0849. You may be entitled to compensation for your injuries and we can help.

Categories: Product Liability
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