Department of Health and Human Services
Public Health Service
Office of Nutritional Products, Labeling and Dietary Supplements
January 30, 2006
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
6355 Tamar Dr
Columbia, MD 21045
Ref. No. CL-05-HFS-810-209
Dear Mr Kellett:
This is to advise you that the Food and Drug Administration (FDA) has reviewed your website at the Internet address www.health-marketplace.com and has determined that the products "Life Extension Shark Cartilage Capsules," "Tonalin CLA," and "Chromium Picolinate" are promoted for conditions that cause the products to be drugs under section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 USC 321(g)(1)].
The therapeutic claims on your website establish that the products are drugs because they are intended for use in the cure, mitigation, treatment, or prevention of disease. The marketing of these products with these claims violates the Act.
Examples of some of the claims observed on your website include:
- Life Extension Shark Cartilage Capsules
"Effective for those suffering from arthritis"
"The Foundation's shark cartilage product contains highly concentrated shark fin cartilage and has been designed for arthritis patients."
- Tonalin CLA
"The cancer fighting effects of conjugated linoleic acid (CLA) supplement has been demonstrated proven through numerous published studies clearly demonstrating CLA's ability to inhibit cancer growth in a variety of cancers. According to the Journal of Nutrition (December 1999), besides the nutrient's anti-cancer benefits, it also confers protection against atherosclerosis. Its ability to enhance insulin sensitivity is also cause for hope for those concerned about adult onset diabetes."
"CLA's anti-obesity effect."
- Chromium Picolinate
"Studies show that chromium picolate benefits include … lowered serum cholesterol.…"
"Chromium Picolonate also reduces high serum glucose levels which can contribute to aging via a destructive process known as glycosylation (also called nonenzymatic glycation), in which glucose molecules bind to proteins and interfere with their function. People with diabetes have a highly increased rate of protein glycosylation and this plays a major part in their increased risk of atherosclerosis and many other diseases. For many with diabetes, chromium enhances the ability of insulin to lower serum glucose levels"
"A double blind, crossover study showed an average of 7% cholesterol reduction in subjects taking chromium picolinate."
In addition, under the "Categories" section of your website, you offer several products for diseases, which causes the products to be drugs under section 201(g)(1) of the Act. Examples of some of the disease categories listed on your website for which you offer products include "Cancer" and "Diabetes."
Furthermore, your products are not generally recognized as safe and effective for the above referenced conditions and therefore, the products are also "new drugs" under section 201(p) of the Act [21 USC 321(p)]. New drugs may not be legally marketed in the US without prior approval from FDA as described in section 505(a) of the Act [21 USC 355(a)]. FDA approves a new drug on the basis of scientific data submitted by a drug sponsor to demonstrate that the drug is safe and effective.
FDA is aware that Internet distributors may not know that the products they offer are regulated as drugs or that these drugs are not in compliance with the law. Many of these products may be legally marketed as dietary supplements if claims about diagnosis, cure, mitigation, treatment, or prevention are removed from the promotional materials and the products otherwise comply with all applicable provisions of the Act and FDA regulations.
Under the Act, as amended by the Dietary Supplement Health and Education Act, dietary supplements may be legally marketed with truthful and non-misleading claims to affect the structure or function of the body (structure/function claims), if certain requirements are met. However, claims that dietary supplements are intended to prevent, diagnose, mitigate, treat, or cure disease (disease claims), excepting health claims authorized for use by FDA, cause the products to be drugs. The intended use of a product may be established through product labels and labeling, catalogs, brochures, audio and videotapes, Internet sites, or other circumstances surrounding the distribution of the product. FDA has published a final rule intended to clarify the distinction between structure/function claims and disease claims. This document is available on the Internet at vm.cfsan.fda.gov/~lrd/fr000106.html (codified at 21 CFR 101.93(g)).
In addition, only products that are intended for ingestion may be lawfully marketed as dietary supplements. Topical products and products intended to enter the body directly through the skin or mucosal tissues, such as transdermal or sublingual products, are not dietary supplements. For these products, both disease and structure/function claims may cause them to be new drugs.
Certain over-the-counter drugs are not new drugs and may be legally marketed without prior approval from FDA. Additional information is available in Title 21 of the Code of Federal Regulations (21 CFR) Parts 310 and 330-358, which contain FDA's regulations on over-the-counter drugs.
This letter is not intended to be an all-inclusive review of your website and products your firm markets. It is your responsibility to ensure that all products marketed by your firm comply with the Act and its implementing regulations.
If you need additional information or have questions concerning any products distributed through your website, please contact FDA. You may respond in writing to Linda J. Webb, Compliance Officer, Food and Drug Administration, Division of Dietary Supplement Programs, 5100 Paint Branch Pkwy, College Park, MD 20740-3835. If you have any questions concerning this letter, please contact Ms Webb at 301-436-2375.
Susan J. Walker, MD
This page was posted on February 12, 2008.