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www.fdanews.com/articles/62414-u-s-marshals-seize-unapproved-dietary-supplements

U.S. MARSHALS SEIZE UNAPPROVED DIETARY SUPPLEMENTS

September 11, 2006

At the FDA's request, U.S. marshals Sept. 5 seized approximately $55,000 of dietary supplements for violating the Federal Food, Drug, and Cosmetic Act's new drug and misbranding provisions.

The agency alleges that products distributed by Advantage Nutraceuticals, including Ellagimax, Coral Max, and Advanced Arthritis Support capsules, are being improperly promoted like new drugs, without going through the necessary drug approval process.

"FDA considers these products to be unapproved new drugs, and the agency takes seriously its responsibility to protect Americans from dangerous unapproved drugs," the agency said in a release. Advantage Nutraceuticals, which the FDA said was previously warned about the violations, could not be reached for comment.

The agency recently saw a federal court uphold its authority to regulate these supplements. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit determined in an Aug. 17 decision in Nutraceutical v. Andrew von Eschenbach that the agency has authority to ban supplements containing ephedrine alkaloids.