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# FDA Returns Hi-Tech’s DMAA
- URL: https://www.fdaweb.com/fda-returns-hi-techs-dmaa/
- Published: 2019-06-13T12:00:00.000Z
- Updated: 2026-09-15T01:32:35.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5144330

As ordered by a Georgia federal court, FDA has returned to Hi-Tech Pharmaceuticals over $19 million worth of DMAA (1,3-dimethylamylamine), a food additive that FDA has said is illegal to use. The product was seized over 18 months ago as part of agency enforcement action against companies marketing dietary supplements containing DMAA. Although the ingredient was returned, Hi-Tech still cannot market products containing it, pending further court action.

While many companies removed their products containing DMAA, Hi-Tech filed a [suit](https://www.fdaweb.com/hi-tech-files-dmaa-appeal/) against FDA and expects to receive a ruling from the 11th Circuit Court of Appeals soon.

Hi-Tech CEO **Jared Wheat** has [said](https://www.morningstar.com/news/pr-news-wire/PRNews%5F20190613CL82437/the-government-and-fda-ordered-to-return-five-truckloads-of-dmaa-to-hitech-pharmaceuticals.html?ref=fdaweb.com) the FDA seizure was “an extreme act of overreach” that violated the Administrative Procedures Act and the Fifth Amendment due process clause. Wheat claims the government investigation and prosecution of his company has included the systematic concealment of significant exculpatory evidence that would have independently corroborated the company’s defense and its experts’ testimony, and seriously damaged the testimony and credibility of key government witnesses.

“This is not about negligence,” Wheat says. “This is not about incompetence. This is about intentional wrong-doing.”