Bloomberg Law
Aug. 30, 2019, 7:31 PM

FDA Properly Seized Hi-Tech Pharmaceuticals DMAA Products

Julie Steinberg
Julie Steinberg

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 ...