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The FDA announced that U.S. Marshals seized more than $1,301,712 of dietary supplements from LG Sciences, LLC, of Brighton, Mich., because the products contain unapproved food additives and/or new dietary ingredients that violate the Food, Drug and Cosmetics Act.

The sports supplements, which are all labeled as dietary supplements, are marketed for use by body builders under the brand names “Methyl 1-D,” “Methyl 1-D XL,” and “Formadrol Extreme XL.”  As of today, all were still for sale on the company’s website here under the category “anabolics.”

One news report contained the following comment by attorney for LG Sciences Ronald Berry.

The FDA seizure, Berry says, “was merely a preliminary step in determining compliance with food regulations.”

In a statement released by the company, Berry wrote: “Although LG Sciences feels the temporary restraint of its product by the FDA is inappropriate, the company appreciates that the FDA wishes to protect the public.”

In my experience, seizure is never a “preliminary step.”  Rather, it tends to be much further along in the investigatory process, somewhere closer to indictment which is hardly preliminary.


Joel B. Rothman represents clients in intellectual property infringement litigation involving patents, trademarks, copyrights, trade secrets, defamation, trade libel, unfair competition, unfair and deceptive trade practices, and commercial matters. Joel’s litigation practice also includes significant focus on electronic discovery issues such as e-discovery management and motion practice relating to e-discovery.