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| Herbal Mixtures Classed as Drugs |
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Posted by FoM on June 19, 2001 at 11:21:21 PT By Gail Gibson, Sun Staff Source: Baltimore Sun 
The herbal mixtures came with names like Liquid X, Schroomz and Herbal Opium, and with some heady promises: "Full of shroomy goodness," one label said. "Intensify your smoking adventures," said another. Despite the illicit-sounding names and claims, Hit Products Inc. of Riverdale in Prince George's County said its products were "dietary supplements" and not subject to government regulation. But a federal judge blocked their sale last week after determining that the herbal products should be considered unapproved new drugs, designed to mimic the effects of marijuana or Ecstasy and marketed to party-minded young adults. U.S. District Judge Alexander Williams Jr. said that labeling the products as dietary supplements "constitutes a veiled attempt to circumvent federal anti-drug laws." "This court," Williams wrote in his June 12 ruling, "declines to carve out a statutory loophole for drug manufacturers attempting to profit from the illegal drug epidemic by masquerading potentially dangerous substances as legitimate dietary supplements." The case was the latest in a government effort to crack down on street drug alternatives -- typically botanical mixtures that are promoted as inducing the same kind of high as illegal drugs. Such products increasingly are marketed as dietary supplements, according to officials with the U.S. Food and Drug Administration. The distinction is an important one, because a 1994 law largely exempted dietary supplements from the same scrutiny that is applied to pharmaceutical drugs. However, an FDA spokeswoman said, the label does not fit on products marketed as feel-good party drugs. "It doesn't matter what you call it, if it reacts in your body as a drug, then it's an unapproved new drug," said spokeswoman Laura Bradbard. Agrees with Justice: In the case against Hit Products, Williams agreed with Justice Department lawyers who argued that the company's products should be considered drugs -- not dietary supplements -- because they are intended to affect the function or structure of the mind. The judge said the company's advertising promoted that effect. An advertisement for a product called "Inda-Kind" included a testimonial that Inda-Kind "did the trick, we're all stoked." Hit Products, which also does business as Riverdale Organics and Dreamworlds, sold the products through magazine advertisements and over the Internet. Company's Argument: The company argued that its products were made entirely of legal herbs and that it had a First Amendment right to make various marketing claims. Company President Perry L. Hitt, a Florida resident, and attorney Charles H. Nalls of Washington did not return phone calls seeking comment. In his ruling, Williams held that the government acted properly last year when it seized the company's stock, and he ordered all of the products destroyed. He also blocked the company from selling any other such product without it undergoing FDA scrutiny as a new drug. Note: Judge blocks sales, orders stock destroyed. Source: Baltimore Sun (MD) CannabisNews Articles - Herbs Home Comment Email Register Recent Comments Help |
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| Comment #5 posted by FoM on June 19, 2001 at 12:28:01 PT |
| Soon will they fly over to look and see a person is growing St. John's Wort? Will they go after Wild American Ginseng? This natural herbs have mood altering properties. How about Valarian Root? [ Post Comment ] |
| Comment #4 posted by dddd on June 19, 2001 at 12:19:30 PT |
| Welcome to the next phase of government intrusion... This will spread like wildfire,,,within the next year,we d dd ...d [ Post Comment ] |
| Comment #3 posted by Cuzn Buzz on June 19, 2001 at 12:06:02 PT |
| Are all these anti-freedom prohibitches really idiots or do they just play them on TV? Wonder how many years they'll lock me up for putting the DRUG garlic in my spagetti sauce? [ Post Comment ] |
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Comment #2 posted by Ethan Russo, MD on June 19, 2001 at 12:02:22 PT:
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| Isn't it quite apparent after reading this what arbitrary distinctions are brought into play with this decision? Where should the line be drawn? Should it? Most herbal manufacturers manage their advertising by including a statement to the effect that, "The above claim is not endorsed by the Food and Drug Administration." The FDA does not like hyperbolic claims, and this may have spurred their intervention. Some interesting legal fodder will result if the manufacturers have the resources to pursue the cases. However, the government can outwait just about anyone. Just check the history or suits by NORML, Jon Gettman et al. in attempting to reschedule cannabis. It takes judges of unusual foresight, honesty and integrity to ignore the accumulated detritus of a century of the War on Drugs, and rectify this disaster. [ Post Comment ] |
| Comment #1 posted by Sudaca on June 19, 2001 at 11:43:22 PT |
| "It doesn't matter what you call it, if it reacts in your body as a drug, then it's an unapproved new drug," said spokeswoman Laura Bradbard. You better stock up in sugar and caffeine! Theobromine is next wake up Hersheys! A brave new world maket for morning glories, lettuce opium, nutmeg and parsley! No more mint tea, nor St. Johns Wort for all that matters. I wonder if the FDA went public how much would its stock sell for. That and the DEA's... [ Post Comment ] |
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