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United States of America v. 80 Drums

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


August 20, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
80 DRUMS, MORE OR LESS, EACH DRUM CONTAINING 25 TO 27 KILOGRAMS OF AN ARTICLE OF FOOD, LABELED IN PART: (DRUM) "*** PRODUCT: CISSUS QUADRANGULARIS EXTRACT 2.5% *** BATCH NO. AHCQ1103 *** NET WT: 27.50 KGS *** MFG DATE: MAY 2010 ***" AND 2 DRUMS, MORE OR LESS, EACH DRUM CONTAINING 25 TO 27 KILOGRAMS OF AN ARTICLE OF FOOD, LABELED IN PART: (DRUM) "*** CASSIA ANGUSTIFOLIA EXT. 20% *** B. NO.: AVI/CA/01/10 *** NET WEIGHT: 25.0 KG *** GROSS WEIGHT: 28.0KG *** AVI BIOTECH 2, GEETA NAGAR, MAIN HARIDWAR ROAD RISHIKESH, U.K. INDIA ***," DEFENDANTS.

The opinion of the court was delivered by: The Honorable Gary A. Feessunited States District Judge

DEFAULT JUDGMENT AND DECREE OF CONDEMNATION, FORFEITURE, AND DESTRUCTION

On November 10, 2011, a Verified Complaint for Forfeiture against the above-captioned articles ("Defendant Articles") was lodged in this Court, and filed on November 18, 2011. The Verified Complaint for Forfeiture alleges that the Defendant Articles of food, within the meaning of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 321(ff), are adulterated while held for sale after shipment of one or more of their ingredients in interstate commerce, within the meaning of the Act, 21 U.S.C. § 342(f)(1)(A), in that they are dietary supplements that contain ephedrine alkaloids and, as such, they present a significant or unreasonable risk of illness or injury under ordinary conditions of use recommended or suggested in labeling, or if no conditions of use are suggested or recommended in labeling, under ordinary conditions of use. Alternatively, the articles of food are adulterated while held for sale after shipment of one or more ingredients in interstate commerce, within the meaning of the Act, 21 U.S.C. § 342(a)(2)(C)(i), in that they contain a food additive that is unsafe within the meaning of 21 U.S.C. § 348.

Pursuant to a Warrant for Arrest issued by this Court, the United States Marshal for this district seized the Defendant Articles on December 6, 2011.

It appearing that process was duly issued in this action and returned according to law; that public notice of the arrest and seizure of the Defendant Articles was given according to law; and that no person or entity has appeared to claim the Defendant Articles within the time specified by the Warrant for Arrest and Rule G(5)(a)(ii) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, it is on motion of the United States for a Default Judgment and Decree of Condemnation, Forfeiture, and Destruction, hereby:

ORDERED, ADJUDGED, AND DECREED, pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, that the default of all persons and entities having any right, title, or interest in the Defendant Articles under seizure, including Infiniti Marketing Group, Inc., be and is hereby entered; and it is further

ORDERED, ADJUDGED, AND DECREED, that the Defendant Articles, within the meaning of the Act, 21 U.S.C. § 321(ff), are adulterated while held for sale after shipment of one or more of their ingredients in interstate commerce, within the meaning of the Act, 21 U.S.C. § 342(f)(1)(A), in that they are dietary supplements that contain ephedrine alkaloids and, as such, they present a significant or unreasonable risk of illness or injury under ordinary conditions of use recommended or suggested in labeling, or if no conditions of use are suggested or recommended in labeling, under ordinary conditions of use. Alternatively, the articles of food are adulterated while held for sale after shipment of one or more ingredients in interstate commerce, within the meaning of the Act, 21 U.S.C. § 342(a)(2)(C)(i), in that they contain a food additive that is unsafe within the meaning of 21 U.S.C. § 348; and it is further that the United States Marshal for this district shall forthwith destroy the forfeited and condemned Defendant Articles and make due return to this Court. Destruction shall be in a manner that complies with the National Environmental Policy Act of 1969 and in the presence of a representative from the United States Food and Drug Administration.

PRESENTED BY:

ANDRE BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division /s/ Steven R. Welk STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section Attorneys for Plaintiff United States of America

20120820

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