While we do our level best to right a wrong and seek justice, it is incumbent on all citizens to push for real reform at the FDA. The FDA lacks sufficient funding and personnel to oversee the safety of products people put in and on their bodies.
The FDA has its hands full. Here are recent reports, below that show that companies that don't want to follow FDA regulations simply don't. They then put their products on the market, putting innocent people at risk.
Public Notification: “ViaXtreme” Contains Undeclared Drug Ingredient
Herbal Nitro Inc.
On May 3 through May 10, 2011, the U.S. Food and Drug Administration (FDA) inspected your dietary supplement firm located at 35133 Ravencrest Ct., Yucaipa, CA. During the inspection, you informed our investigators that your firm is an own-label dietary supplement distributor that enters into agreements with contract manufacturers to manufacture your dietary supplement products, and supplies such contract manufacturers with raw materials, including components used in the manufacture of your dietary supplement products. You also stated that these contract manufacturers are required to meet your firm’s dietary supplement formulations. As an own-label dietary supplement distributor that contracts with other manufacturers to manufacture dietary supplements that your firm releases for distribution under your firm’s name, FDA considers you to be a manufacturer of dietary supplements. As such, you have ultimate responsibility for the dietary supplements that you introduce or deliver for introduction into interstate commerce.
When a company is caught - what happens? In NJ a company basically said it did not care what agreement it reached regarding a supplement. After agreeing to stop making dangerous products, the company opened a new office and did just that.
The entire process took almost 3 years to close out.
A Trenton, N.J., jury Wednesday found Paterson, N.J.-based dietary supplement companies Quality Formulation Laboratories Inc. and American Sports Nutrition Inc., as well as their owner, Mohamed S. Desoky, and managers Ahmad Desoky Esq. and Omar Desoky, guilty of multiple counts of criminal contempt of court for violating a consent decree, the Justice Department announced today. The decree was entered by the U.S. District Court for the District of New Jersey on March 16, 2010. The decree, which resolved a civil action filed by the Justice Department as the result of an investigation by the Food and Drug Administration (FDA), mandated Mohamed S. Desoky and the two companies shut down all manufacturing and distribution activities of food products.