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Justice Dept. Seeks to Block Sale of Beverage It Calls Unapproved ‘Drug’

October 19, 2022 by Dan McCue
The Justice Department logo on its building in Philadelphia, Pa. (Photo by Dan McCue)

WASHINGTON — The Justice Department on Wednesday filed a complaint to block the sale of Chill6, a beverage powder marketed as a treatment or cure for anxiety, insomnia, alcoholism and post-traumatic stress disorder.

According to the complaint filed in the federal court in Boston, Daniel Marold, of West Boylston, Massachusetts, has been selling various flavors of Chill6 directly to consumers via his website in violation of the Federal Food, Drug and Cosmetic Act.

The complaint also alleges Marold’s Chill6 contains phenibut HCI, an unsafe food additive.

Prosecutors go on to assert that Marold continued distributing Chill6 even after he received a warning letter from the U.S. Food and Drug Administration in July 2021.

The Justice Department is seeking an injunction that would enjoin Marold from selling Chill6 in its current form and comply with federal food safety regulations before selling any other drug or food product.

“Those who distribute drugs, dietary supplements or foods must comply with federal law designed to ensure these products are safe,” said Brian Boynton, principal deputy assistant attorney general and head of the Justice Department’s Civil Division. 

“The department will continue to work closely with FDA to stop the distribution of unapproved new drugs and adulterated food products,” Boynton added.

Trial attorney Manu Sebastian, of the Justice Department’s Consumer Protection Branch, and Assistant U.S. Attorney Steven Sharobem, in the District of Massachusetts, are handling the case with the assistance of Associate Chief Counsel Leah Edelman of the FDA’s Office of the Chief Counsel.

Dan can be reached at dan@thewellnews.com and at https://twitter.com/DanMcCue.

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