Inspections, Compliance, Enforcement, and Criminal Investigations

Min Ny 7/28/16

  

Department of Health and Human Services logoDepartment of Health and Human Services

Public Health Service
Food and Drug Administration
 New York District
158-15 Liberty Avenue
Jamaica, New York 11433

 

July 28, 2016
 
WARNING LETTER NYK 2016-41
 
VIA UNITED PARCEL SERVICE
DELIVERY SIGNATURE REQUESTED
 
Chad Murawczyk
MiN New York
117 Crosby Street
New York, NY 10012
 
 
Dear Mr. Murawczyk:
 
This is to advise you that the Food and Drug Administration (FDA) reviewed your website at the Internet address http://min.com/ in May 2016 and again in July 2016 and has determined that you take orders there for the products Calming Facial Oil, ProEnzyme Facial Cleanser, ProEnzyme Facial Scrub, and Complex Age Defying Moisturizer.  The claims on your website establish that the products are drugs under sections 201(g)(1)(B) and/or 201 (g)(1)(C) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 U.S.C. § 321(g)(1)(B) and/or 21 U.S.C. § 321(g)(1)(C)] because they are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease and/or articles intended to affect the structure or any function of the human body.  As explained further below, introducing or delivering these products for introduction into interstate commerce for such uses violates the Act.  You can find the Act and FDA regulations through links on FDA’s home page at www.fda.gov
 
Examples of some of the website claims that provide evidence that your products are intended for use as drugs include:
 
Calming Facial Oil
  • “La Nuit Douce's calming facial oil …that uses frankincense to balance hormones…”
  • “Neroli promotes cell growth.”
  • “Myrrh has anti-inflammatory and anti-anxiety properties…and have anti-bacterial properties.”
ProEnzyme Facial Cleanser AND ProEnzyme Facial Scrub 
  • “[P]romotes cellular metabolism by stimulating Pyruvate production, ATP synthesis, and DNA and proteins synthesis in the energy cascade in skin cells.” 
Complex Age Defying Moisturizer
  • “Natural sun protection.  Ultra-hydrating formula encourages healthy cell regeneration.”
  • “[P]romotes cellular metabolism by stimulating Pyruvate production, ATP synthesis, and DNA and proteins synthesis in the energy cascade in skin cells.”
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 not be legally introduced or delivered for introduction into interstate commerce without prior approval from FDA, as described in sections 301(d) and 505(a) of the Act [21 U.S.C. 331(d), 355(a)]. FDA approves a new drug on the basis of scientific data and information demonstrating that the drug is safe and effective. 
 
This letter is not an all-inclusive statement of violations associated with your products or their labeling, and we have not attempted to list here all of the products that are promoted on your website for intended uses that cause them to be drugs.  It is your responsibility to ensure that all 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 for your products to ensure that the claims you make for your products do not reflect intended uses that cause the distribution of the products to violate the Act.
 
We request that you take prompt action to correct all violations associated with your products, including the violations identified in this letter.  Failure to do so may result in enforcement action without further notice.  The Act authorizes injunctions against manufacturers and distributors of illegal products and seizure of such products.
 
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 stated violations, including an explanation of each step being taken to identify violations and make corrections to ensure that similar violations will not recur.  If you do not believe that your products are in violation of the Act, include your reasoning and any supporting information for our consideration.  If the corrective action cannot be completed within fifteen working days, state the reason for the delay and the time frame within which the corrections will be implemented.
 
Your written response should be sent to: U.S. Food and Drug Administration, 622 Main Street, Buffalo, New York 14202, Attn: Patricia A. Clark, Compliance Officer. If you have any questions about the contents of this letter, please contact Compliance Officer Patricia A. Clark by telephone at (716) 846-6236 or e-mail at patricia.clark@fda.hhs.gov.
 
Sincerely,
/S/                                                          
Ronald M. Pace                           
District Director
New York District

 

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