Public Health Service Food and Drug Administration
College Park, MD 20740
APR 22, 2015
VIA ELECTRONIC MAIL
VIA OVERNIGHT DELIVERY
RETURN RECEIPT REQUESTED
Christopher A. Conrad, Manager
Train Naked Labs LLC
431 Plant Ave
Palm Bay, FL 32907
965 Westwinds Blvd
Tarpon Springs, FL 34689
Dear Mr. Conrad:
This letter concerns your products Critical FX and Sudden Impact, which are labeled and/or offered for sale as dietary supplements. Your product labeling lists the substance R-beta-methylphenethylamine HCl as a dietary ingredient in your “Critical FX Proprietary Blend” and “Impact Proprietary Blend,” respectively. This ingredient is also called, among other names, Beta-methylphenethylamine, βMePEA, or BMPEA (hereinafter referred as BMPEA).
Under section 201(ff)(1) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 U.S.C. § 321(ff)(1)], a dietary ingredient is a vitamin; mineral; herb or other botanical; amino acid; dietary substance for use by man to supplement the diet by increasing the total dietary intake; or a concentrate, metabolite, constituent, extract, or combination of the preceding substances. BMPEA is not a vitamin, a mineral, an herb or other botanical, or an amino acid. In addition, BMPEA is not a dietary substance for use by man to supplement the diet by increasing the total dietary intake. Finally, BMPEA is not a concentrate, metabolite, constituent, extract, or combination of a vitamin; mineral; herb or other botanical; amino acid; or dietary substance for use by man to supplement the diet by increasing the total dietary intake. Accordingly, BMPEA is not a dietary ingredient within the definition set forth in section 201(ff)(1) of the Act [21 U.S.C. § 321(ff)(1)]. Declaring BMPEA in your product labeling as a dietary ingredient causes your products marketed as dietary supplements to be misbranded under section 403(a)(1) of the Act [21 U.S.C. § 343(a)(1)] in that the labeling is false or misleading in any particular.
We request that you take prompt action to correct the violation cited above, as well as any other violations associated with your Critical FX and Sudden Impact products or other products marketed by your firm that contain BMPEA. It is your responsibility to ensure that your firm complies with all requirements of federal law and FDA regulations.
Failure to immediately cease distribution of your Critical FX and Sudden Impact products, and any other products you market that contain BMPEA, could result in enforcement action by FDA without further notice. Sections 302 and 304 of the Act provide for seizure of violative products and injunction against the manufacturers and distributors of violative products [21 U.S.C. §§ 332 and 334].
Additionally, BMPEA is not approved as a food additive or prior sanctioned for use in dietary supplements. Further, FDA’s review of this substance does not identify a basis to conclude the substance is GRAS for use in food. If you contend that this substance is GRAS for use in food, please provide your basis for concluding that BMPEA is GRAS for use in dietary supplements, including supporting data or other documentation.
We request that you advise us in writing, within 15 days of receipt of this letter, as to the specific steps that have been or will be taken to correct these violations, including any steps taken with respect to product currently in the marketplace. Your response should also include an explanation of each step taken to ensure that similar violations do not recur, as well as documentation to support your response. Your written reply should be directed to Mabel Lee, United States Food and Drug Administration, Center for Food Safety and Applied Nutrition, 5100 Paint Branch Parkway, Office of Compliance (HFS-608), Division of Enforcement, College Park, Maryland 20740-3835. If you have any questions, please contact Ms. Lee at BMPEATaskforce-CFSAN@fda.hhs.gov.