Inspections, Compliance, Enforcement, and Criminal Investigations
Health Authority LLC 24-Jan-06
Department of Health and Human Services
Public Health Service
555 Winderley PI., Ste 200
RETURN RECEIPT REQUESTED
January 24, 2006
Health Authority LLC
D/b/a Doctor's Trust Vitamins
4419 Parkbreeze Court
Orlando, FL 32808
Dear Ms. Hoffman:
The Food and Drug Administration (FDA) has reviewed your web site at the Internet address www.doctorstrust.com and has concluded that claims in your labeling cause your product ISD-10 Immune System Defense to be a drug as defined in section 201(g)(1)(B) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 U.S.C. 321(g)(1)(B)]. You can find the Act and FDA's regulations through links on FDA's Internet home page: http://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 U.S.C. 321(g)(1)(B)]. Your web site claims that your product is useful in the prevention of avian flu and other forms of influenza.
The Internet labeling of your product bears the following claims:
"Prepare yourself for the Avian (Bird) Flu"
"[A flu shot] can only offer you protection against the most common strains of flu and will not protect against the Avian Flu. Do not rely on . . . a flu shot to protect you from this pandemic!"
"[ISD-10] contain[s] 10 potent ingredients to stimulate and strengthen your immune system and enhance your body[']s ability to fight off illnesses. ISD-10 is formulated with immune boosting nutrients to provide optimal defense during . . . flu season."
These claims cause your product to be a drug, as defined in section 201(g)(1)(B) of the Act [21 U.S.C. 321 (9)(1)(B)]. Because your product is not generally recognized as safe and effective when used as labeled, it is also a new drug as defined in section 201(p) of the Act [21 U.S.C. 321(p)]. Under section 505 of the Act [21 U.S.C, 355(a)], a new drug may not be legally marketed in the United States without an approved New Drug Application (NDA). This drug is also misbranded within the meaning of section 502(a) of the Act [21 U.S.C. 352(a)] because its labeling is false and misleading in that it suggests that this drug is effective for the prevention of avian flu and other forms of influenza when, in fact, these claims are not supported by competent and reliable scientific evidence.
This letter is not an all-inclusive review of your website and the products that your firm markets. It is your responsibility to ensure that all products marketed by your firm comply with the Act and its implementing regulations.
You must immediately correct these violations. If you do not immediately correct them, you may be subject to enforcement action without further notice. The Act provides for seizure of illegal products and for injunctions against the manufacturers and distributors of illegal products [21 U.S.C. 332 and 334]. Individuals and businesses that violate the Act may also be subject to criminal prosecution.
Please advise this office, in writing and 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 ensure that similar violations do not occur. 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 reply should be addressed to Shari H. Shambaugh, Compliance Officer, U.S. Food and Drug Administration, 555 Winderley Place, Suite 200, Maitland, Florida 32751.
Emma R. Singleton
Director, Florida District