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 labeling for your cherry products on your web site bears the following claims :
[under. the heading "Health Benefits of Cherries"]
"[C]herries may have-the potential to:
relieve arthritis pain and inflammation . . .
inhibit the growth of certain cancers"
[L]ab tests show that the anthocyanins in red tart cherries give 10 times the anti-inflammatory relief of aspirin, without irritating the stomach."
Your website also includes claims in the form of testimonials . An example is as follows:
"For several years I suffered from gout. Doctors tried many different medications . . . but no relief. I ordered my'first cherries from you . . . . Within two weeks I was completely pain free."
This list of claims is not intended to be all-inclusive, but represents the types of claims found in your product labeling.
These claims cause your products to be drugs, as defined in section 201(g)(1)(B) of the Act [21 USC 321(g)(1)(B)].
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