The Department of Justice has asked the District Court in Montana to hold Toby McAdam, the owner of dietary supplement businesses, in criminal contempt and to imprison and fine him for continuing to sell and advertise products contrary to a 2010 consent order.
In 2010, the government alleged that his supplement products were in fact unapproved drugs used to treat diseases such as cancer, asthma and arthritis. McAdam agreed to a consent order in which he was enjoined from, among other things, selling any dietary supplement until he received approval from the Food and Drug Administration (FDA). He also agreed not to make improper health claims on product labels. The order also required McAdam to retain an independent labeling expert to confirm that the labels complied with law.
The government alleged that McAdam violated the consent order by continuing to advertise and sell products that were intended to affect the structure and function of the human body and to cure, prevent or treat diseases. In 2013, the Court held McAdam in civil contempt for violating the 2010 consent order. McAdam was ordered to stop making and selling any drug or dietary supplement product, shut down his website and Facebook page and remove all products from Amazon.com. Earlier this year, the U.S. Court of Appeals affirmed the contempt order.
The government now asserts that McAdam has continued to violate the orders by selling supplements and drugs and failing to close down his business and online sites. McAdam allegedly sold dietary supplements (Lugol's Iodine and Bloodroot Immune Support Capsules) to undercover FDA employees through Amazon.com. The government wants the Court to hold McAdam in criminal contempt and to punish him with prison time and a fine.
In a press release, the Principal Deputy Assistant Attorney General said the Justice Department "will aggressively pursue those who violate court orders imposed to protect public health and prevent false product claims."