The U.S. Food and Drug Administration (FDA) announced that Brownwood Acres Foods Inc., Cherry Capital Services Inc. (doing business as Flavonoid Sciences) and two of their top executives have signed a consent decree that effectively prohibits the companies and their executives from manufacturing and distributing any products with claims in the label or labeling to cure, treat, mitigate, or prevent diseases.
The consent decree is a result of the companies and their executives making unapproved drug claims and unauthorized health claims about their products, such as “Chemicals found in cherries may help fight diabetes.”
The companies are prevented from making these claims until the products are approved by the FDA as new drugs, exempt from approval as investigational new drugs, or until the claims on the products’ label and labeling comply with the law.
Under the terms of the consent decree, the companies have agreed to remove drug and unauthorized health claims from their labels, brochures, and websites, as well as references to other websites that contain such claims. They have also agreed to hire an independent expert to review the claims they make for their products and to certify that they have omitted all violative claims.
Brownwood Acres Foods Inc. and Cherry Capital Services Inc. manufacture and distribute various products including juice concentrates, soft fruit gel capsules, fruit bars, dried fruits, liquid glucosamine, and salmon oil capsules.
All’s fair in cherries and Lipitor. According to the a blog on the New York Times, the cholesterol lowering drug Vytorin has been heavily advertised on TV but it turns out that it’s no more effective than an older and cheaper generic brand.