The FDA (Food and Drug Administration) issued a warning on Monday to consumers of weight loss pills purchased online. Specifically, it warned that over 25 different diet pills marketed as “herbal” products actually contain undeclared pharmaceutical ingredients, in violation of the FDA guidelines. The “tainted” weight loss products containing the alleged active pharmaceutical ingredients include:
“2 Day Diet, 3x Slimming Power, Japan Lingzhi 24 Hours Diet, 5x Imelda Perfect Slim, 3 Day Diet, 7 Day Herbal Slim, 8 Factor Diet, 7 Diet Day/Night Formula, 999 Fitness Essence, Extrim Plus, GMP, Imelda Perfect Slim, Lida DaiDaihua, Miaozi Slim Capsules, Perfect Slim, Perfect Slim 5x, Phyto Shape, ProSlim Plus, Royal Slimming Formula, Slim 3 in 1, Slim Express 360, Slimtech, Somotrim, Superslim, Tripleslim, Zhen de Shou, Venom Hyperdrive 3.0, and Fatloss Slimming”
The underlying basis for weight loss “tainting” presumably is to avoid FDA classification as an internet pharmacy and, thus, FDA regulation. The danger, according to the FDA release, is that:
“undeclared active pharmaceutical ingredients in some of these products include sibutramine (a controlled substance), rimonabant (a drug not approved for marketing in the United States), phenytoin (an anti-seizure medication), and phenolphthalein (a solution used in chemical experiments and a suspected cancer causing agent). Some of the amounts of active pharmaceutical ingredients far exceeded the FDA-recommended levels, putting consumers’ health at risk.”
Internet pharmacies selling non-controlled substances are generally, though not exclusively, regulated by the FDA. Remember that the Ryan Haight Act only applies to controlled substances. The Act both expressly says so and was enacted as an amendment to the Controlled Substances Act. I plan to discuss the FDA Compounding Guidelines and general non-controlled internet pharmacy regulation in the coming weeks.
The content on this post does not constitute legal advice and is for informational purposes only. You should not act upon the information presented on this website without seeking the advice of legal counsel. Should you wish to speak to an experienced criminal defense attorney knowledgeable in internet pharmacy, prescription, and drug law, please feel free to contact me directly.
Tags: Federal Food Drug and Cosmetic Act, Internet Pharmacy Law, Non-Controlled Substances