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Monday, June 24, 2024 | Back issues
Courthouse News Service Courthouse News Service

Fla. Man Told to Stop Selling Herpes Cure

(CN) - An Ocala, Fla. man has been permanently barred from distributing a drug he claims is a cure for the herpes virus, but which has not been approved by the U.S. Food and Drug Administration.

Senior U.S. District Judge James Moody Jr., of the Ocala Federal Court, entered the consent decree against James Hill on Friday.

According to court documents, Hill sold a product, Viruxo Immune Support, that he marketed as a "natural herpes medicine" that can "stop Herpes outbreaks."

Although labeled as a dietary supplement, Viruxo qualifies as an unapproved and misbranded drug, according to the complaint, because of Hill's claims that it could treat the herpes virus despite the absence of approval from the Food and Drug Administration that it was safe and effective for such a use.

Prosecutors further alleged Hill defrauded consumers by promoting Viruxo to cure, mitigate, treat, or prevent a disease despite the absence of well-controlled clinical studies or other credible scientific substantiation to support those claims.

They said he also continued to make his misleading claims about Viruxo even after he received a warning letter from FDA and the Federal Trade Commission advising him that his product is an unapproved drug and was misbranded.

Hill agreed to settle the case and be bound by a consent decree of permanent injunction. Although he has ceased selling Viruxo, the consent decree requires him to notify FDA and receive its permission before he distributes of any food, including a dietary supplement, or drug.

To obtain permission from FDA, the agency must first determine that Hill's practices comply with the Federal Food, Drug and Cosmetic Act.

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