Supplement marketer gets four months after pleading guilty to criminal contempt of court


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Image: iStockPhoto
Image: iStockPhoto

Related tags Dietary supplements Judge Contempt of court

A Livingston, MT resident has been sentenced to four months in prison and ordered to pay $80,000 in liquidated damages after pleading guilty to selling dietary supplements in violation of two court orders.

Toby McAdam, 57, pleaded guilty before US District Judge Susan Watters in the District of Montana to one count of criminal contempt of court.  He was also ordered to pay almost $5,000 in attorney's fees.

Readers of NutraIngredients-USA will recall that the case against McAdam spans several years​. According to court documents, McAdam, owner and operator of Risingsun Health, based in Livingston, allegedly sold misbranded and adulterated dietary supplements and drugs that made unsupported claims to cure cancer, ADD/ADHD, epilepsy and intestinal parasites, among other things.

Following a 2010 civil action, McAdam agreed to close his business until the FDA authorized him to return to business. No such authorization was given and the criminal contempt charges against McAdam alleged that he violated the 2010 court order and an order of civil contempt issued in 2013, which prohibited him from selling dietary supplements. McAdam admitted to continuing to sell both supplements and drugs and failed to close down his business and online sites.

“The Department of Justice will use all available tools to ensure that dietary supplement and drug manufacturers obey court orders,”​ said Benjamin Mizer, principal deputy assistant Attorney General and head of the Justice Department’s Civil Division. “As demonstrated by our recently announced dietary supplements sweep​, the Consumer Protection Branch will aggressively pursue those who distribute these products in violation of the law.”

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