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July
2004
Court rules against Lane Labs in FDA
complaint
Two dietary supplements and a cosmetic sold
by Lane Labs-USA, Inc. are unapproved new drugs under federal
law, according to a ruling by U.S. District Court Judge William
G. Bassler.
The products — Benefin, MGN-3 and
SkinAnswer —were being marketed as treatments for cancer,
HIV and skin cancer without FDA approval, according to the
Food and Drug Administration. Judge Bassler also permanently
enjoined Lane Labs and its president, Andrew J. Lane from
distributing the products unless the products are first either
approved for marketing by FDA or distributed pursuant to an
Investigational New Drug (IND) application for purposes of
conducting a clinical trial. Judge Bassler also ordered the
defendants to pay restitution to all purchasers of BeneFin,
MGN-3, and SkinAnswer since September 22, 1999.
FDA issued a warning letter to the defendants
in September 1997, to discontinue promoting BeneFin, MGN-3,
and SkinAnswer as treatments for cancer and other diseases
through such means as mailings, Internet web sites, and employee
statements. BeneFin, produced from shark cartilage, was promoted
as a treatment for cancer. SkinAnswer, a glycoalkaloid skin
cream, was marketed as a treatment for skin cancer. MGN-3,
a rice-bran extract, was promoted as a treatment for cancer
and HIV, the virus that causes AIDS.
Source: Food and Drug Administration, http://www.fda.gov/bbs/topics/news/2004/NEW01086.html.
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