Friday, November 30, 2012

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Attorney General Abbott Secures Court Order Prohibiting Corpus Christi Supplements Manufacturer from Falsely Claiming to be a Doctor

CORPUS CHRISTI – Texas Attorney General Greg Abbott issued the following statement after a state district court in Nueces County issued a permanent injunction prohibiting Silverio Salinas, owner of Corpus Christi-based Silverio Salinas, Inc. d/b/a Neohealth, Inc., Natural Doctor Center, and Maya Wellness Center from selling unauthorized supplements:

“By falsely claiming to be a medical doctor and selling unapproved dietary supplements to Corpus Christi families, the defendant violated state law and put his customers’ health and safety at risk. Thanks to the court order secured by the Attorney General’s Office, the defendant’s Texas-based operations have been shut down and he is prohibited from falsely marketing himself as a doctor and selling unauthorized foods and dietary supplements.”

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Final Judgment against Silverio Salinas

Both state and federal law prohibit the sale of foods, drugs, and medical devices – or marketing of products on the basis of their ability to treat, cure, or mitigate disease – that have not been approved by the U.S. Food and Drug Administration (FDA).

Under the district court’s final judgment and permanent injunction, the defendant is prohibited from:
• Claiming that he is licensed to practice medicine in the State of Texas;
• Manufacturing or selling misbranded foods or dietary supplements in the State of Texas; and
• Manufacturing, promoting or selling misbranded foods, including dietary supplements, or devices;
• Making claims about the health benefits of foods, including dietary supplements, or devices that have not been approved by the FDA.

Further, the court ordered that Salinas’ future direct mail or Internet-based marketing efforts include a disclosure statement advising purchasers that his products are not available for sale in Texas.

In addition to complying with the requirements contained in the district court’s permanent injunction, the defendant must pay the State of Texas a total of $302,100. That amount includes almost $50,000 in civil penalties, which were assessed based upon conduct by the defendant that violated the Texas Food, Drug and Cosmetic Act and the Texas Deceptive Trade Practices Act. The Texas Department of State Health Services referred the case to the Attorney General’s Office.