The Food and Drug Administration properly seized from Hi-Tech Pharmaceuticals Inc. a substantial quantity of products containing 1,3-dimethylamylamine or DMAA, a stimulant found in workout supplements, a divided Eleventh Circuit said Aug 30.
The seizure led to a forfeiture action filed by the federal government against the products. Hi-Tech and its chief executive officer, Jared Wheat, then sued the government, alleging a violation of their Fifth Amendment due process rights.
Federal law allows the FDA to bring forfeiture actions to condemn adulterated foods. Hi-Tech’s DMAA products would be considered adulterated foods if they were “food additives” but not if they ...