Department of Health and Human Services' logo Department of Health and Human Services

Public Health Service
Food and Drug Administration
  Philadelphia District
900 U.S. Customhouse
2nd and Chestnut Streets
Philadelphia, PA 19106
Telephone: 215-597-4390

09-PHI-05

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

January 14, 2009

Mr. Barrett Eby
Healthy Origins
P.O. Box 12615
Pittsburgh, PA 15241-0615

Eby Sales International Inc
206 Westbridge Dr.
Morgan, PA 15064

WARNING LETTER

Dear Mr. Eby:

This is to advise you that the Food and Drug Administration (FDA) has reviewed your website at the Internet address www.healthyorigins.com and has determined that the products "Healthy Origins CoQ10Gels," "Healthy Origins E-400," "Healthy Origins Inositol Powder," "Healthy Origins Lyc-O-Mato," "Healthy Origins LycopenePlus," and "Healthy Origins Seleno Excell Selenium" are promoted for conditions that cause the products to be drugs under section 201(g)(1)(B) of the Federal Food, Drug, and Cosmetic Act(the Act) [21 U.S.C, § 321(g)(1)(B)]. 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:

Your products are not generally recognized as safe and effective for the above referenced uses and, therefore, the products are "new drugs" under section 201(p) of the Act [21 U.S.C. § 321(p)]. New drugs may riot be legally marketed in the U.S. without prior approval from FDA as described in section 505(a) of the Act [21 U.S.C. § 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. Your products "Healthy Origins CoQ10 Gels," "Healthy Origins Inositol Powder," "Healthy Origins Lyc-O-Mato," "Healthy Origins Lycopene Plus" and "Healthy Origins Seleno Excell Selenium" are also misbranded within the meaning of section 502(f)(1) of the Act in that labeling for these drugs fails to bear adequate directions for use [21 U.S.C. § 352(f)(1)].

The above violations are not meant to be an all-inclusive list of deficiencies in your products and their labeling. While reviewing your website, we noticed that you were promoting other products for disease treatment and/or prevention. It is your responsibility to ensure that products marketed by your firm comply with the Act and its implementing regulations. We advise you to review your website, product labels, and other labeling and promotional materials for your products to ensure that the claims you make for your products do not cause them to violate the Act.

You should take prompt action to correct these deviations and prevent their future recurrence. Failure to do so may result in enforcement action without further notice. The Act authorizes the seizure of illegal products and injunctions against manufacturers and distributors of those products [21 U.S.C. §§ 332 and 334].

Please notify this office, in writing, within fifteen (15) working days of the receipt of this letter, as to the specific steps you have taken to correct the violations noted above and to assure that similar violations do not occur. Include any documentation necessary to show that correction has been achieved. If corrective actions cannot be completed within fifteen working days, state the reason for the delay and the time within which the corrections will be completed.

Your response should be directed to Richard C. Cherry, Compliance Officer, U.S. Food and Drug Administration, Room 900 U.S. Customhouse, 2nd Chestnut Street, Philadelphia, PA 19106.

Sincerely,

/S/

Even L. Carter
Acting Director
Philadelphia District

cc: Pennsylvania Department of Agriculture
Bureau of Foods & Chemistry
2301 North Cameron Street
Harrisburg, PA 17120-9408
Attn: Sheri Morris

This page was posted on January 31, 2010.

Links to Recommended Companies