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# ActiveHerb Marketing Unapproved, Misbranded Drugs: FDA
- URL: https://www.fdaweb.com/activeherb-marketing-unapproved-misbranded-drugs-fda/
- Published: 2019-06-04T12:00:00.000Z
- Updated: 2026-09-15T01:30:33.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5144254

A 9/11-9/17/18 and 3/19/19 FDA inspection at ActiveHerb Technology, San Diego, CA, found that the firm is selling unapproved new drugs that are misbranded. A 5/15 [Warning Letter](https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/activeherb-technology-inc-574615-05152019?ref=fdaweb.com) lists 13 products the company markets that FDA considers to be drugs because they are intended for use in the cure, mitigation, treatment, or prevention of disease.

The letter provides the firm’s marketing claims for the products that establish that they meet the definition of a drug under the Federal Food, Drug, and Cosmetic Act.

It also lists drugs sold by the company that are intended to treat one or more diseases that are not amenable to self-diagnosis or treatment without the supervision of a licensed practitioner, making it impossible to write adequate directions for use to be followed by a layperson. And the letter lists significant label deviations for several of the products.

ActiveHerb was told to respond with a list of specific steps taken to correct the violation and prevent their recurrence, with documentation of each step, and a timetable for completion.