Friday, November 30, 2012
|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.