Balance of Nature, a dietary supplement brand, has been ordered by a federal court to cease production and sales of its products. The Food and Drug Administration (FDA) accused the two Utah-based companies, Evig LLC and Premium Productions LLC, of repeatedly violating laws in the manufacturing and marketing of their supplements. Evig, which markets Balance of Nature, and its CEO Lex Howard, were accused of making false claims about the diseases their supplements could cure or prevent, despite previous warnings from federal authorities. On the other hand, Premium Productions and its CEO Ryan Petersen were accused of not ensuring the accuracy of the ingredients in their products.
Michael Rogers, FDA’s acting associate commissioner for regulatory affairs, stated that the companies had demonstrated repeated violations of manufacturing requirements, undermining public confidence in the authenticity of their products. As a result, Balance of Nature will need to hire external experts to conduct audits and rectify their marketing and manufacturing issues before resuming sales.
Both Evig and Premium Productions have agreed to the court orders without contesting them. By resolving the FDA lawsuits through consent decrees, they have avoided trials. Balance of Nature and its attorney have not yet responded to the court’s decision.
The FDA revealed that approximately 85% of Balance of Nature’s sales are made to customers outside of Utah, ranging from Pennsylvania to California. The brand has faced scrutiny in the past for its advertising claims across talk radio, television, and social media platforms.
The FDA and Justice Department lawyers accused Evig of making numerous unsupported claims about the benefits of Balance of Nature’s products, despite warnings from authorities. Examples of these claims include referencing a Russian study that allegedly found health benefits for cancer and cirrhosis from the supplements. The company also featured a video testimonial claiming that the individual had not experienced a cold or flu while using the products.
In addition to marketing concerns, the FDA highlighted that Evig had failed to meet its obligations regarding investigating product quality complaints. The FDA attorneys stated that Evig had not conducted any complaint investigations to date.
Premium Productions, the manufacturer of the supplements, was criticized for not ensuring the accuracy of the ingredients claimed in their products. Federal regulations require supplement manufacturers to establish procedures for analyzing and testing ingredients to verify their authenticity. The FDA revealed that around 95% of the raw materials used in Balance of Nature supplements are sourced from outside Utah.
This court order represents another setback for Balance of Nature, as the brand faced a lawsuit in California earlier this year. Evig settled the lawsuit for $1 million in July, addressing allegations of false claims and violations of state laws regarding subscription renewals.
Balance of Nature has also faced complaints from external organizations. The nonprofit Truth in Advertising filed complaints with the Federal Trade Commission (FTC) and FDA in 2020, citing claims made on various talk radio shows. In 2017, the Council of Better Business Bureaus challenged advertising claims regarding the health benefits of Balance of Nature’s products.
The FDA’s attorneys expressed that seeking new orders against the companies was necessary, as Balance of Nature had failed to address previous warnings of violating the Federal Food, Drug, and Cosmetic Act. They cited a pattern of non-compliance and violative conduct during inspections of the companies’ establishments.
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