FDA Consent Decree with MyNicNaxs

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A Florida federal judge has approved a consent decree of permanent injunction sought by FDA against MyNicNaxs, Deltona, FL, and company owner Chevonne Torres and officer Michael Banner. The agency says the company distributed weight loss and sexual enhancement products, marketed as dietary supplements, directly to consumers through two Web sites. Some of the products tested positive for undeclared active pharmaceutical ingredients, FDA says.

A complaint filed with the consent decree says that FDA tests showed some of the MyNicNaxs products contained ingredients such as sildenafil, sibutramine, and phenolphthalein. The complaint says the company’s products are considered drugs under the Federal Food, Drug, and Cosmetic Act because they are intended to cure, treat, or prevent disease. It also says the drugs are misbranded because their labeling is false and misleading in that it does not declare certain active pharmaceutical ingredients, the labeling fails to bear adequate directions for use, and/or the drugs are dangerous to health when used as recommended in the labeling.

The permanent injunction requires the defendants to stop directly or indirectly distributing any unapproved new drugs or misbranded drugs. MyNicNaxs is prohibited from receiving, manufacturing, holding, or distributing any drugs or dietary supplements until they receive written notification from FDA that they appear to be in compliance with the decree, the Federal Food, Drug, and Cosmetic Act and its regulations, and that they may resume operations.

FDA had issued a 2015 Warning Letter to the company after discovering that it continued to sell unapproved new drugs and misbranded drugs.

 

 

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