Court Dismisses, Consolidates Charges Against Metabolife

Court Dismisses, Consolidates Charges Against Metabolife

SAN DIEGOFederal DistrictJudge Napolean Jones dismissed two of the charges returned in a grand juryindictment against Metabolife International Inc. and its founder, Michael Ellis,and consolidated several other charges the company charged were redundant. Theindictment, handed down on July 22, charged the defendants with six counts ofmaking false, fictitious and fraudulent representations to the Food and DrugAdministration (FDA) and two counts of corruptly endeavoring to influence,obstruct and impede proceedings concerning the regulation of dietary supplementscontaining ephedra.

Jones dismissed two charges that Metabolifes allegeddeception prevented FDA from protecting the public from unsafe products,agreeing with the defense that the charges lacked specificity. The remainingcounts, which were based on eight statements in two letters to FDA, wereconsolidated by Jones, who found the redundant statements do not constituteseparate acts.