| Public Health Service Food and Drug Administration |
| Memorandum |
Department of Health and Human Services
Date APR 20 2010
From Food and Drug Administration
Subject http://www.uvflutechnology.com; http://www.uvflutech.com e-mail address: info@uvflutech.com
To Unapproved/Uncleared/Unauthorized Products Related to the 2009 H1N1 Flu Virus
WARNING LETTER
This is to advise you that the United States Food and Drug Administration (FDA) reviewed your website at the Internet address www.uvflutechnology.com and www.uvflutech.com on March 23, 2010. The FDA has determined that your website offers products for sale that are intended to diagnose, mitigate. prevent. treat or cure the 2009 H1N1 Flu Virus in people. These products have not been approved, cleared, or otherwise authorized by FDA for use in the diagnosis, mitigation, prevention, treatment, or cure of the 2009 H1N1 Flu Virus. These products include the Viraguard UV 400 Air Purifier. The marketing of these products violates the Federal Food, Drug, and Cosmetic Act (FFDC Act). 21 U.S.C. §§ 331, 351, 352. We request that you immediately cease marketing unapproved, uncleared, or unauthorized products for the diagnosis, mitigation, prevention, treatment, or cure of the 2009 H1N1 Flu Virus.
Some examples of the claims on your website include:
• VIRAGUARD UV 400
o "Proven to Kill Airborne Pathogens including H1N1"
o "Independent lab testing confirms UV Flu Technologies delivers 99% effectiveness eliminating viruses, bacteria, mold and allergens including H1N1 Swine Flu."
o "The Company's flagship product the UV 400 ViraGuard, utilizes high-intensity germicidal ultraviolet radiation (UV-C) inside a killing chamber that goes beyond filtering to trap and destroy harmful microbes. Extensive independent testing by EPA and FDA certified laboratories confirms the proprietary system captures and kills airborne bacteria including Bacillus subtilis, Pseudomonas aeruginosa, Staphylococcus aureus, Klebsiella pneumonia and viruses including Influenza A and H1N1 at rates exceeding 99.2% on a first-pass basis."
The Secretary or Health and Human Services, under section 319 of the Public Health Service Act, 42 U.S.C. § 247d. has determined that a public health emergency exists nationwide involving the 2009 H1N1 Flu Virus that affects or has the significant potential to affect national security. Following this determination and in response to requests from the U.S. Centers for Disease Control and Prevention, FDA issued letters authorizing the emergency use of certain unapproved and uncleared products or unapproved or uncleared uses of approved or cleared products, provided certain criteria are met, under 21 U.S.C. § 360bbb-3. The marketing and sale of unapproved or uncleared 2009 H1N1 Flu Virus -related products that are not authorized by and used in accordance with the conditions or an Emergency Use Authorization, is a potentially significant threat to the public health. Therefore, FDA is taking urgent measures to protect consumers from products that, without approval or authorization by FDA, claim to diagnose, mitigate, prevent, treat or cure 2009 H1N1 Flu Virus in people.
You should take immediate action to ensure that your firm is not marketing, and docs not market in the future. products intended to diagnose, mitigate, prevent, treat or cure the 2009 H1N1 Flu Virus that have not been approved, cleared, or authorized by the FDA. The above is not meant to be an all-inclusive list of violations. It is your responsibility to ensure that the products you market are in compliance with the FFDC Act and FDA's implementing regulations. We advise you to review your websites, product labels, and other labeling and promotional materials to ensure that the claims you make for your products do not adulterate or misbrand the products in violation of the FFDC Act. 21 U.S.C. §§ 331, 351, 352. Within 48 hours, please send an email to FDAFLUTASKFORCE-CDRH@fda.hhs.gov describing the actions that you have taken or plan to take to address your firm's violations. If your firm fails to take corrective action immediately, FDA may take enforcement action, such as seizure or injunction for violations of the FFDC Act without further notice. Firms that fail to take corrective action may also be referred to FDA's Office of Criminal lnvestigations for possible criminal prosecution for violations of the FFDC Act and other federal laws.
FDA is advising consumers not to purchase or use 2009 H1N1 Flu Virus-related products offered for sale that have not been approved, cleared, or authorized by FDA. Your firm will be added to a published list on FDA's website of firms and websites that have received warning letters from FDA concerning marketing unapproved, uncleared and unauthorized 2009 H1N1 Flu Virus-related products in violation of the FFDC Act. This list can be found at http://accessdata-test.fda.gov/scripts/h1n1flu. Once the violative claims and/or products have been removed from your website, and these corrective actions have been confirmed by the FDA, the published list will be updated to indicate that your firm has taken appropriate corrective action.
If you are not located in the United States, please note that unapproved, uncleared, or unauthorized products intended to diagnose, mitigate, prevent, treat, or cure the 2009 H1N1 Flu Virus offered for importation into the United States are subject to detention and refusal of admission. We will advise the appropriate regulatory or law enforcement officials in the country from which you operate that FDA considers your product(s) listed above to be unapproved, uncleared, or unauthorized products that cannot be legally sold to consumers in the United States.
The Viraguard UV 400 is also misbranded under 21 U.S.C. § 352(a) in that the labeling for the device at www.uvflutechshop.com contains statements which represent or suggest that the device has been approved by FDA, which is false. The Office of Compliance requests that you immediately cease use of all statements representing or suggesting that your device has been approved or cleared by FDA.
Please direct any inquiries concerning this letter to FDA at CAPT Ana Marie Balingit-Wines@fda.hhs.gov or by contacting CAPT Balingit-Wines at 301-796-5497.
Sincerely yours,
/S/
Timothy A. Ulatowski
Director
Office of Compliance
Center for Devices and
Radiological Health
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