FDA Gets Consent Decree Against Supplement Marketer
Viruxo, a Florida dietary supplement distributor, has been ordered by a federal court to stop selling its product, which it claimed could treat herpes. The order came in a consent decree of permanent injunction between FDA and James R. Hill, doing business as Viruxo LLC. The complaint also included a civil fraud charge for Hill’s intent to defraud consumers by promoting his product to cure, mitigate, treat, or prevent a disease “despite the absence of well-controlled clinical studies or any other credible scientific evidence to substantiate his claims,” an agency release says.
In 2011, FDA and the FTC sent Hill a Warning Letter for making therapeutic claims on his Web site establishing that the product was a drug because it was intended for use in the cure, mitigation, treatment, or prevention of disease. The letter also stated that Hill’s product was a misbranded drug because its labeling failed to provide adequate directions for use. “Despite assurances that Hill was correcting violations noted in the Warning Letter, he continued to market his product on the Internet to consumers as a treatment for herpes,” the agency said.
The consent decree prohibits Hill from marketing misbranded or unapproved new drugs. Before he can resume operations, he must, among other things, hire a labeling expert, remove all representations from his Web site and other promotional materials that his product can cure, mitigate, treat, or prevent disease, and receive written permission from FDA to resume operations. In addition, it requires Hill to notify the FDA at least 14 days before the creation of a new Web site.