On one of his websites, Toby McAdam, 57, is letting prospective customers know that he cannot sell his dietary supplements until he works out a labeling issue with the U.S. Food and Drug Administration. But, on Wednesday, the consumer affairs arm of the U.S. Department of Justice (DOJ) announced it is pursuing criminal contempt sanctions against the Livingston, MT, man for selling dietary supplement and drugs in violation of two court orders.

James F. Battin Federal Courthouse, Billings, MT
The James F. Battin Federal Courthouse in Billings, MT.
In court documents filed Wednesday in U.S. District Court in Billings, MT, DOJ wrote that the United States and McAdams entered into an agreement on Nov. 5, 2010, in which he agreed “to be permanently restrained and enjoined from introducing into interstate commerce, holding for sale after shipment in interstate commerce, and manufacturing, processing, packaging, labeling, holding, selling, and distributing a broad range of products … .” In the consent degree, McAdam agreed to get out of the dietary supplements and drug businesses and not to re-enter them until products are pre-approved by FDA, including the labels. Similar restrictions were included in a 2013 order of civil contempt. The government now alleges that McAdam has continued to sell both supplements and drugs and failed to close down his businesses and online sites. According to documents filed by DOJ, McAdam violated the order of civil contempt by failing to shutter Internet businesses on Amazon.com, websites, and a promotional Facebook page McAdam uses to promote his products. “Court orders must be taken seriously,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of DOJ’s Civil Division. “The Civil Division’s Consumer Protection Branch will aggressively pursue those who violate court orders imposed to protect public health and prevent false product claims.” The criminal contempt action arises out of the prior civil action against McAdam, who was the owner and operator of Risingsun Health, based in Livingston. The government says McAdam sold misbranded and adulterated dietary supplements and drugs that made unsupported claims to cure cancer, ADD/ADHD, epilepsy and intestinal parasites, among other things.

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