FDA Announces Contempt Order, Damages against Bloodroot Firm

WASHINGTONA federal judge has found a Montana maker of dietary supplements in civil contempt of court and ordered the owner to pay $80,000 in liquidated damages for violating a consent decree, FDA announced Thursday.

On Dec. 4, Risingsun Health owner Toby McAdam was found to be in contempt for violating a consent decree that prohibited the company from making and selling topical bloodroot and graviola products, new drugs, new animal drugs and dietary supplements in violation of the law, FDA said.

Federal Judge Sam Haddon also has ordered McAdam to pay nearly $5,000 in attorney's fees.

In February 2010, the U.S. Department of Justice filed a case against McAdam and Risingsun Health in response to what the FDA contended was "the advertisement and sale of unapproved drugs that claimed to treat cancer on various Risingsun Health websites." A consent decree was entered later that year, resolving the case.

But three years after the case was filed, the U.S. government sought a contempt order because McAdam and Risingsun Health continued to make and distribute productsincluding products that contained bloodrootin violation of the consent decree, according to FDA.

Livingston, MT-based Risingsun Health notes that its products cannot be ordered online while it works to design its website to comply with FDA.

"The compliance will be resolved shortly," the notice states.

Risingsun Health did not immediately return a phone call seeking comment on FDA's announcement.

The company states on its website that it "is known for its world famous bloodroot products and Lugol's Iodine solutions".