U.S. Food and Drug Administration • Center for Drug Evaluation
and Research |
U.S. Food and Drug Administration • Center for Drug Evaluation
and Research |
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Cyber Letter |
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January 23, 2003 CERTIFIED MAIL Mr. Tim Meester Ref. No. CL-02-HFS-810-42 Dear Mr. Meester: This is to advise you that the Food and Drug Administration (FDA) has reviewed your web sites at the Internet addresses: http://www.4naturalhealthherbs.com and has determined that the products "Dandelion: Liver - Gallbladder", "Garlic-High Potency – SynerPro", "STR-J" and "HS II for the Heart" being offered are promoted for conditions that cause the products to be drugs under section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 USC 321(g)(1)]. The therapeutic claims on your web sites establish that the products are drugs because they are intended for use in the cure, mitigation, treatment, or prevention of disease. The continued marketing of these products with these claims violates the Act and may subject you or the products to regulatory action without further notice. Examples of some of the claims observed on your web sites include: Dandelion: Liver – Gallbladder "…used for liver and spleen ailments as well as joint pain and eczema." "Dandelion has been known to help serious liver conditions." "…is used in combinations for high blood pressure…." Garlic-High Potency-SynerPro "…healing properities-antimicrobial against bacteria-fungi and worms-fights blood clots…lowers blood sugar and cholesterol-improves blood LDL/HDL ratio." STR-J "STR-J contains herbs which also reduce pain-inflammation…in the respiratory and urinary tracts." HS II for the Heart "…used to strengthen degenerative and weakened hearts by restoring the heart muscle and opening coronary blood vessels." "Garlic helps clear the lymph system and lower high blood pressure." "It is especially helpful for those who are weak and debilitated. This could include angina-arrhythmias-edema-arteriosclerosis and even those weakened by anorexia." Furthermore, FDA has no information that your products are generally recognized as safe and effective for the above referenced conditions and therefore, the products may also be "new drugs" under section 201 (p) of the Act [21 USC 321(p)]. New drugs may not be legally marketed in the U.S. without prior approval from FDA as described in section 505 (a) of the Act [21 USC 355(a)]. FDA approves a new drug on the basis of scientific data submitted by a drug sponsor to demonstrate that the drug is safe and effective. FDA is aware that Internet distributors may not know that the products they offer are regulated as drugs or that these drugs are not in compliance with the law. Many of these products may be legally marketed as dietary supplements or as cosmetics if therapeutic claims are removed from the promotional materials and the products otherwise comply with all applicable provisions of the Act and FDA regulations. Under the Act, as amended by the Dietary Supplement Health and Education Act (DSHEA), dietary supplements may be legally marketed with truthful and non-misleading claims to affect the structure or function of the body (structure/function claims), if certain conditions are met. However, claims that dietary supplements are intended to prevent, diagnose, mitigate, treat, or cure disease (disease claims), excepting health claims authorized for use by FDA, cause the products to be drugs. The intended use of a product may be established through product labels and labeling, catalogs, brochures, audio and videotapes, Internet sites, or other circumstances surrounding the distribution of the product. FDA has published a final rule intended to clarify the distinction between structure/function claims and disease claims. This document is available on the Internet at http://vm.cfsan.fda.gov/~lrd/fr000106.html (codified at 21 C.F.R. 101.93(g)). In addition, only products that are intended for ingestion may be lawfully marketed as dietary supplements. Topical products and products intended to enter into the body directly through the skin or mucosal tissues, such as transdermal or sublingual products, are not dietary supplements. For these products, both disease and structure/function claims may cause them to be new drugs. Certain over-the-counter drugs are not new drugs and may be legally marketed without prior approval from FDA. Additional information is available in Title 21 of the Code of Federal Regulations (21 CFR) Parts 310 and 330-358, which contain FDA's regulations on over-the-counter drugs. This letter is not intended to be an all-inclusive review of your web site and products your firm may market. It is your responsibility to ensure that all products marketed by your firm are in compliance with the Act and its implementing regulations. If you need additional information or have questions concerning any products distributed through your web site, please contact FDA. You may reach FDA electronically (e-mail) at APope@CFSAN.FDA.GOV, or you may respond in writing to Angela F. Pope, Compliance Officer, Food and Drug Administration, Division of Compliance and Enforcement, ONPLDS, 200 C Street SW, Washington D.C. 20204. If you have any questions concerning any issue in this letter, please contact Ms. Pope at (301) 436-2375. Sincerely yours, /s/ John B. Foret Director
FDA/Center for Drug Evaluation and Research |
