Posted December 20, 2002

U.S. Seizes Supplement Illegally Marketed for Virus and Cold Use; FDA Steps Up Activity Against Supplements with False Claims

The U.S. Food and Drug Administration (FDA) announced that United States Marshals on Monday, December 16, 2002, seized approximately 3000 bottles, valued at more than $100,000, of EverCLR, a dietary supplement. EverCLR is marketed by Halo Supply Company of San Diego, Calif., as a "natural" treatment for viruses, including the herpes virus, and for "cold and flu protection."

None of these claims has been substantiated. In court documents, FDA charges that EverCLR is an unapproved and therefore illegal new drug because it is promoted to treat or prevent specific diseases and conditions. FDA also charges that EverCLR is misbranded because its labeling lacks adequate directions for use. In addition, FDA today released a report on its strengthened enforcement actions over the past year against dietary supplements that make false or misleading claims. FDA's report also outlines an aggressive enforcement strategy against such claims and outlines enforcement priorities so that manufacturers will be on notice.

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