Stephen P. Sinnott, United States Attorney for the Western District of Wisconsin, announced that Beehive Botanicals, Inc. (“Beehive”) assented to the entry of a consent decree of condemnation and injunction, agreeing to forfeit certain bee-derived products and components to the United States. The products and components were seized from Beehive’s facility in Hayward, Wisconsin.

In its Verified Complaint filed on March 25, 2010, the United States alleged that the bee-derived articles proceeded against are “drugs” within the meaning of the federal Food, Drug, and Cosmetic Act because their labeling, including information made available through links on Beehive’s websites, established that they were intended to be used in the cure, mitigation, treatment, and prevention of disease in man.

The U.S. District Court for the Western District of Wisconsin entered the Decree on May 14, 2010. The Decree prevents Beehive from, among other things, introducing or delivering for introduction into interstate commerce, or manufacturing processing, promoting, or labeling any new drug as being safe and effective for the diagnosis, cure, mitigation, treatment, or prevention of disease, unless done in accordance with federal law.

http://www.fda.gov/downloads/NewsEvents/Newsroom/PressAnnouncements/UCM213397.pdf