Warning Letter to North American Herb & Spice

February 12, 2008

Department of Health and Human Services' logo Department of Health and Human Services

Public Health Service
Food and Drug Administration
Chicago District


550 W Jackson Blvd, 15th Fl
Chicago, IL 60661
Telephone: 312-353-5863

March 22, 2006

Judy K. Gray, Owner
North American Herb & Spice
1455 Lakeside Dr
Waukegan, IL 60085

Ref. No.CHI-2-06

Dear Ms. Gray:

The Food and Drug Administration (FDA) has reviewed your websites at the Internet addresses www.oreganol.com and www.p-73.com, and has concluded that your product “kid e kare™ Cold & Flu Gelcaps” is a drug as defined in Section 201(g)(1)(B) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 USC 321(g)(1)(B)]. You can find the Act and FDA’s regulations through links on FDA’s Internet home page: www.fda.gov.

Under the Act, articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man are drugs [Section 201(g)(1)(B) of the Act, 21 USC 321(g)(1)(B)]. The name of your product, “kid e kare™ Cold & Flu Gelcaps,” is an implied claim that your product is useful in preventing and/or treating the common cold and influenza in children.

This claim causes your product to be a drug, as defined in Section 201(g)(1)(B) of the Act [21 USC 321(g)(1)(B)]. Because your product is not generally recognized as safe and effective when used as labeled, it is also a new drug as defined in Section 201(p) of the Act [21 USC 321(p)]. Under Section 505 of the Act [21 USC 355(a)], a new drug may not be legally marketed in the United States without an approved New Drug Application (NDA).

This letter is not an all-inclusive review of your websites and the products that your firm markets. It is your responsibility to ensure that all products marketed by your firm comply with the Act and its implementing regulations.

You must immediately correct these violations. If you do not immediately correct them, you may be subject to enforcement action without further notice. The Act provides for seizure of illegal products and for injunctions against the manufacturers and distributors of illegal products [21 USC 332 and 334]. Individuals and businesses that violate the Act may also be subject to criminal prosecution.

Please advise this office, in writing and within 15 working days of the receipt of this letter, as to the specific steps you have taken to correct the violations noted above and to ensure that similar violations do not occur. If corrective actions cannot be completed within 15 working days, state the reason for the delay and the time within which the corrections will be completed.

Your reply should be addressed to Compliance Officer George F. Bailey, at the above address.

Scott J. MacIntire
District Director

This page was posted on February 12, 2008.