According
to plea agreement and court documents, between 2015 and 2017, Mr. Cavell, with others, developed a plan to market and sell a drug, 2,4-Dinitrophenol (also known as DNP), as a
weight loss drug and “fat burner” despite knowing that DNP is not approved by
the FDA as a substance for human consumption. Mr. Cavell sold DNP in pill form and
called it a fertilizer — a term under which is it legally sold in other
circumstances.
Mr. Cavell
admitted that he controlled websites that marketed the drug as a supplement
while at the same time discouraging its use. He proceeded to sell DNP pills on
another website, thefertizerwarehouse.com, for the admitted purpose of misleading U.S.
Food and Drug Administration regulators.
DNP
has been commercially used to manufacture dyes and wood preservatives, as a
fertilizer, and as a pesticide. The U.S. Food and Drug Administration has
declared that DNP is too toxic to be used for human consumption under any
circumstances.
According
to court documents, Mr. Cavell collected at least $763,000 for compounding this fertilizer into pills for human consumption.
Attorney Commentary: The online sales of supplements is being monitored by the FDA and FTC and any sellers, resellers or marketers need to be careful to ensure that what is being sold is legal for sale in the U.S. for human consumption and be mindful of any misrepresentations. Importing over the counter pills and products from overseas can also raise issues where there has been no independent testing of them. Countries like China do not have consumer protection and product liability laws like we have in the United States.
Posted by Tracy Green, Esq.
Green and Associates, Attorneys at Law
Attorney Commentary: The online sales of supplements is being monitored by the FDA and FTC and any sellers, resellers or marketers need to be careful to ensure that what is being sold is legal for sale in the U.S. for human consumption and be mindful of any misrepresentations. Importing over the counter pills and products from overseas can also raise issues where there has been no independent testing of them. Countries like China do not have consumer protection and product liability laws like we have in the United States.
Posted by Tracy Green, Esq.
Green and Associates, Attorneys at Law
