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U.S. Department of Health and Human Services

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Enforcement Actions

American Ultraviolet Co. 6/4/09

   

hhsbluebirdDepartment of Health and Human Services

Public Health Service
Food and Drug Administration
   

 

From: FDAFLUTASKFORCE-CDRH@fda.hhs.gov


Date: June 4,2009


To: mstines@auvco.com; jturner@auvco.com


Subject: Urgent Message from the Food and Drug Administration Regarding H1N1 Flu Virus Related Products Marketed by Your Firm


UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
ROCKVILLE, MD 20850


TO: www.auvhvac.com/mstines@auvco.com/jturner@auvco.com


FROM: Food and Drug Administration


RE: Unapproved/Uncleared/Unauthorized Products Related to the H1N1 Flu Virus

DATE: June 4, 2009


WARNING LETTER


This is to advise you that the United States Food and Drug Administration (FDA) reviewed your
websites at the Internet address www.auvhvac.com on May 26, 2009. The FDA has determined
that your website offers products for sale that are intended to diagnose, mitigate, prevent, treat or cure the H1N1 Flu Virus in people. These products have not been approved, cleared, or otherwise authorized by FDA for use in the diagnosis, mitigation, prevention, treatment, or cure of the H1N1 Flu Virus. These products are the American Ultraviolet's CM 15 Series, TB Series, CC Series, and Eliminator Series. The marketing of these products violates the Federal Food, Drug, and Cosmetic Act (FFDC Act). 21 U.S.C. §§ 331, 351, 352. We request that you immediately cease marketing unapproved, uncleared, or unauthorized products for the diagnosis, mitigation, prevention, treatment, or cure of the H1N1 Flu Virus.


Some examples of the claims on your website include:


• CM 15 Series


o "Use Ultraviolet to Destroy Swine Flu Virus (H1N1)
o "The H1N1 Virus! American Ultraviolet's 'Corner Mount' and 'TB' series indirect
wall mounted UV units are designed to prevent the spread of this and any other
microorganism."
o "To remove the H1N1 virus, or any other virus, mold spore, etc., rely on
germicidal ultraviolet systems designed by American Ultraviolet, which will
effectively destroy them."


• TB Series


o "Use Ultraviolet to Destroy Swine Flu Virus (H1N1)
o ''The H1N1 Virus! American Ultraviolet's 'Corner Mount' and 'TB' series indirect
wall mounted UV units are designed to prevent the spread of this and any other
microorganism."
o "To remove the H1 N1 virus, or any other virus, mold spore, etc., rely on
germicidal ultraviolet systems designed by American Ultraviolet, which will
effectively destroy them."


• CC Series


o "Use Ultraviolet to Destroy Swine Flu Virus (H1N1)
o "To remove the H1N1 virus, or any other virus, mold spore, etc., rely on
germicidal ultraviolet systems designed by American Ultraviolet, which will
effectively destroy them."


• Eliminator Series


o "Use Ultraviolet to Destroy Swine Flu Virus (H1N1)
o "To remove the H1N1 virus, or any other virus, mold spore, etc., rely on
germicidal ultraviolet systems designed by American Ultraviolet, which will
effectively destroy them."


The Secretary of Health and Human Services, under section 319 of the Public Health Service Act, 42 U.S.C. § 247d, has determined that a public health emergency exists nationwide involving the H1N1 Flu Virus that affects or has the significant potential to affect national security. Following this determination and in response to requests from the U.S. Centers for Disease Control and Prevention, FDA issued letters authorizing the emergency use of certain unapproved and uncleared products or unapproved or uncleared uses of approved or cleared products, provided certain criteria are met, under 21 U.S.C. § 360bbb-3. The marketing and sale of unapproved or uncleared H1N1 Flu Virus -related products that are not authorized by and used in accordance with the conditions of an Emergency Use Authorization, is a potentially significant threat to the public health. Therefore, FDA is taking urgent measures to protect consumers from products that, without approval or authorization by FDA, claim to diagnose, mitigate, prevent, treat or cure H1N1 Flu Virus in people.


You should take immediate action to ensure that your firm is not marketing, and does not market
in the future, products intended to diagnose, mitigate, prevent, treat or cure the H1N1 Flu Virus
that have not been approved, cleared, or authorized by the FDA. The above is not meant to be
an all-inclusive list of violations. It is your responsibility to ensure that the products you market
are in compliance with the FFDC Act and FDA's implementing regulations. We advise you to
review your websites, product labels, and other labeling and promotional materials to ensure that
the claims you make for your products do not adulterate or misbrand the products in violation of
the FFDC Act. 21 U.S.C. §§ 331, 351, 352. Within 48 hours, please send an email to
FDAFLUTASKFORCE-CDRH@fda.hhs.gov describing the actions that you have taken or
plan to take to address your firm's violations.
If your firm fails to take corrective action
immediately, FDA may take enforcement action, such as seizure or injunction for violations of the
FFDC Act without further notice. Firms that fail to take corrective action may also be referred to
FDA's Office of Criminal Investigations for possible criminal prosecution for violations of the
FFDC Act and other federal laws.


FDA is advising consumers not to purchase or use H1N1 Flu Virus-related products offered for
sale that have not been approved, cleared, or authorized by FDA. Your firm will be added to a
published list on FDA's website of firms and websites that have received warning letters from
FDA concerning marketing unapproved, uncleared and unauthorized H1N1 Flu Virus-related
products in violation of the FFDC Act. This list can be found at
http://www.accessdata.fda.gov/scripts/h1n1flu/#VPL. Once the violative claims and/or products
have been removed from your website, and these corrective actions have been confirmed by the
FDA, the published list will be updated to indicate that your firm has taken appropriate corrective
action.


If you are not located in the United States, please note that unapproved, uncleared, or
unauthorized products intended to diagnose, mitigate, prevent, treat, or cure the H1N1 Flu Virus
offered for importation into the United States are subject to detention and refusal of admission.
We will advise the appropriate regulatory or law enforcement officials in the country from which
you operate that FDA considers your product(s) listed above to be unapproved, uncleared, or
unauthorized products that cannot be legally sold to consumers in the United States.


Please direct any inquiries concerning this letter to FDA at dana.mallen@fda.hhs.gov or by
contacting Dana Mallen at 301-796-5512.

 

Sincerely,

 

/S/

Timothy A. Ulatowski
Director
Office of Compliance
Center for Devices and
Radiological Health