Departmentof Health and Human Services PublicHealth Service Food and Drug Administration
Rockville, MD 20867
WARNING LETTER
June 13, 2002
President/Owner
21st Century Sports Nutritionals, Inc
745 Hollywood Blvd., N.W.
Fort Walton Beach, Florida 32548
Ref: 02-HFD-312-05
Dear Sir or Madam
This letter is written in reference to your firm?s marketing of the products,Phenylkinetics, Libido Magic for Men, and Libido Magic for Women. Accordingto your Internet web site, http://www.2lcenturysports.com, Phenylkinetics contains,among other ingredients, norephedrine HCI, Libido Magic for Men contains, amongother ingmdiellts, 1R, 2s norephedrine HCI, and Libido Magic for Women contains,among other ingredients, 1R, 2s not-ephedrine HCI. Statements on your Internetweb site, indicate that these products are intended for stimulating sexual interestand function and/or for weight loss.
Although your web site represents these products as dietaty supplements, forexample by statements such as, " . . .Energy Supplements.. .?* and ".. .sports supplements.. . *?, they cannot be so considered because the norephedrineHCI used in your products appears to be a synthetic compound that is not derivedfrom any botanical source. Synthetic norephedrine HCI is not plant-derived andcannot, therefore, be considered a constituent or extract of a botanical source.Consequently, FDA has determined that synthetic ephedrine alkaloids am not ?dietaryingredients" as defined in the Federal Food, Drug and Cosmetic Act [theAct, Section 201(ff)(1)].
Therefore, products containing synthetic ephedrine alkaloids do not fall underthe dietary supplement regulatory scheme. Based on their intended uses, to affectthe structure or function of the body, these products are drugs within the meaningof Section 201(g) of the Act. Such products are considered drugs when theirintended use is established by structure injunction claims, such as those thatappear on your web site. Some of the claims on your Internet web site, http://www.21centurysports.com,from which these products may be ordered, state, for example, ". . Phenylkinetics..designed to promote weight loss through rapid metabolization of stored fat withoutcausing that bouncing off the walls? feeling?. , .?*, ". , . Libido Magicfor Men.. .increased sexual function by raising testosterone levels and enhancingblood circulation needed to support firmer, longer lasting erections...,? and" . . Libido Magic for Women.. . stimulate female sexual desire, intensifyorgasm strength and longevity while heightening sexual satisfaction.. .".
As drugs, the labeling claims made for these products subject them to the requirements for new drugs [Section 201(p) of the Act] because there is no evidence that these products are generally Page 2 - 21" Century Sports Nutritionals recognized as safe and effective for their claimed uses.
Under Section 505(a) of the Act, a "new drug" may not be introducedor delivered for introduction into interstate commerce unless an FDA-approvednew drug application is in effect for such drug. Because your products are notthe subjects of approved NDA?s, they may not be marketed in the United Statesand their continued distribution violates Section 505 of the Act.
This letter is not intended to be an all-inclusive review of your Internet web site nor all labeling and products your firm markets. The violation of the Act described above is not intended to be an all-inclusive list of violations concerning your firm and its products. It is your responsibility to ensure that all products marketed by your firm, including other synthetic ephedrine alkaloid products, are in compliance with the Act and its implementing regulations.
We request that you take prompt action to correct these violations. Failure to promptly correct violations may result in enforcement action being initiated by the FDA without further notice. The Act provides for the seizure of illegal products and for injunction against the manufacturer and/or distributor of illegal products.
Please notify this office within fifteen (15) working days of receipt of this letter as to the specific steps you have taken to correct the stated violations. You should also include an explanation of each step being taken to identify and make corrections to assure that similar violations will not recur. If corrective action cannot be completed within 15 working days, state the reason for the delay and the time within which the corrections will be implemented.
Your reply should be sent to the attention of Ms. Vesna Stanoyevitch, Compliance Officer, at the Food and Drug Administration, Center For Drug Evaluation and Research, Office of Compliance (HFD-310). Metropark North I, 7520 Standish Place, Rockville, MD 20855.
Sincerely yours,
/s/
David J. Horowitz, Esq.
Acting Director
Office of Compliance
Center for Drug Evaluation and Research
Food and Drug Administration
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