Cherry Republic 17-Oct-05

Dear Mr. Sutherland:

The Food and Drug Administration (FDA) has reviewed the labeling of your cherry products on your web site at www.cherryrepublic.com. This review shows serious violations of the Federal Food, Drug, and Cosmetic Act (the Act) in the labeling of your cherry products. You can find the Act and implementing regulations through links on FDA's Internet home page at www.fda.gov.

Under the Act, articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man are drugs [Section 201(g)(1)(B) of.the Act, 21 USC 321(g)(1)(B)]. The labeling for your cherry products on your web site bears the following claims :

[under. the heading "Health Benefits of Cherries"]
"[C]herries may have-the potential to:

• relieve arthritis pain and inflammation . . .

• inhibit the growth of certain cancers"

[L]ab tests show that the anthocyanins in red tart cherries give 10 times the anti-inflammatory relief of aspirin, without irritating the stomach."

Your website also includes claims in the form of testimonials . An example is as follows:

"For several years I suffered from gout. Doctors tried many different medications . . . but no relief. I ordered my'first cherries from you . . . . Within two weeks I was completely pain free."

This list of claims is not intended to be all-inclusive, but represents the types of claims found in your product labeling.

These claims cause your products to be drugs, as defined in section 201(g)(1)(B) of the Act [21 USC 321(g)(1)(B)]. Because these products are not generally recognized as safe and effective when used as labeled, they are also new drugs as defined in section 201(p) of the Act [21 USC 321(p)]. Under section 505 of the Act (21 USC 355) anew drug may not be legally marketed in the United States without an approved New Drug Application (NDA). 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.

The above violations are not meant to be an all-inclusive list of deficiencies in your products and their labeling . It is your responsibility to ensure that products marketed by your firm comply with the Act and its implementing regulations.

Failure to promptly correct these violations may result in enforcement action without further notice. Enforcement action may include seizure of violative products, injunction against the manufacturers and distributors of violative products, and criminal sainctions against persons responsible for causing violations of the Act.

Please advise this office in writing, within 15 working days of receipt of this letter, as to the specific steps you have taken or will be taking to correct these violations, including the steps taken to assure that similar violations do not recur. Your reply should be directed to Judith A. Putz, Compliance Officer at above address.

Sincerely,

/s/

Joann M. Givens

District Director

Detroit District Office