June 29, 2017
Melinda Richards, CEO
Super Sprout, LLC
RE: Apple Powder, Barley Grass Powder, Beetroot Powder, Blueberry Powder, Broccoli Sprout Powder, Carrot Powder, Ginger Powder, Lemon Powder, Strawberry Powder, Wheatgrass Sprout Powder
Dear Ms. Melinda Richards:
This letter is to advise you that the U.S. Food and Drug Administration (FDA) reviewed your website usa.supersprout.co in June 2017 and has found that you take orders there for Apple Powder, Barley Grass Powder, Beetroot Powder, Blueberry Powder, Broccoli Sprout Powder, Carrot Powder, Ginger Powder, Lemon Powder, Strawberry Powder, and Wheatgrass Sprout Powder. Additionally, FDA reviewed your Facebook social media account www.facebook.com/supersprout and promotional material (“Super Sprout FAQs”) collected at the 2017 Natural Products Expo West trade show that was held on March 8 – 12, 2017, at the Anaheim Convention Center. Various claims and statements made on your website, Facebook page, promotional literature, and/or in other labeling establish that these products are drugs as defined in 21 U.S.C. § 321(g)(1)(B) because they are intended for the treatment, cure, mitigation, or prevention of disease. For example, your website, Facebook page and promotional literature recommend or suggest the use of Apple Powder, Barley Grass Powder, Beetroot Powder, Blueberry Powder, Broccoli Sprout Powder, Carrot Powder, Ginger Powder, Lemon Powder, Strawberry Powder, and Wheatgrass Sprout Powder to treat or prevent autism, Alzheimer’s, cancer, dementia, diabetes, gallbladder disease, heart disease, hepatitis, kidney stones, and pancreatic stones. As explained further below, the introduction of these products into interstate commerce for such uses violates the Federal Food, Drug, and Cosmetic Act.
These products are also new drugs as defined under 21 U.S.C. § 321(p) because they are not generally recognized as safe and effective for the uses recommended or suggested in their labeling. Before a new drug may be marketed or otherwise introduced into interstate commerce, it must be approved by FDA on the basis of scientific data demonstrating that the drug is safe and effective under the conditions of use in its labeling. See 21 U.S.C. §§ 355(a) and 331(d). Your drug products do not have FDA-approved applications as required by 21 U.S.C. § 355.
We advise you to review all materials through which you communicate to consumers the intended uses of your products, and to either submit a new drug application (NDA) for products intended for use in treating, curing, mitigating, diagnosing, or preventing a disease or, alternatively, remove all statements indicating that your products are intended for such uses. This would include reviewing your websites, product labels, catalogs, brochures, flyers, package inserts, audio and video, e-commerce and social media accounts you operate (e.g., Amazon, eBay, Facebook and Twitter accounts), as well as any other promotional materials, and removing product claims, consumer testimonials, metatags, and anything else that states or implies that your products are useful in treating, curing, mitigating, diagnosing, or preventing diseases.
For more information on the types of claims that can be used for conventional foods and dietary supplements, please see:
- 21 CFR 101.93
Within 30 calendar days of the date of this letter, please correct the violations described in this letter and notify FDA, via electronic mail at FDAadvisory@fda.hhs.gov or via mail to ORA Health Fraud, 12420 Parklawn Drive, #4041, Rockville, MD 20857, that the violations have been corrected. Include the Online Advisory Letter Reference number (located in the upper right portion of this letter) in all your communications to FDA regarding this matter.
After 30 days from the date of this letter, if your website or other labeling continue to demonstrate that your products are intended to treat, cure, mitigate, or prevent diseases, the name of your firm and this letter will be posted on the FDA webpage for unapproved new drugs illegally marketed for serious diseases.
This letter is not intended to be an all-inclusive review of your website(s) or a list of all violations of law that exist in connection with your products, your website(s) and other product labeling, or at your facilities. FDA expects you to take the necessary steps to ensure that all your products comply with the laws and regulations enforced by FDA.
Health Fraud Team
Office of Enforcement and Import Operations
Office of Regulatory Affairs
U.S. Food and Drug Administration