Vitamin Shoppe, Inc today announced that the company has entered into an Assurance of Voluntary Compliance (AVC) with the Oregon Attorney General and an Assurance of Discontinuance (AOD) with the Vermont Attorney General regarding products that may contain BMPEA, a substance that does not meet the statutory definition of a dietary ingredient.
The Vermont Attorney General has entered into a settlement with nutritional product retailer Vitamin Shoppe, Inc. that permanently bans the sale of products that contain BMPEA. BMPEA is a synthetic amphetamine-like substance which may be found in supplements sold for the purpose of performance enhancement or weight loss. Under the settlement, Vitamin Shoppe, Inc. will not sell products containing, or that are at risk of containing, BMPEA. Products at risk of containing BMPEA include those whose product labels list acacia rigidula as an ingredient.
Attorney General William H Sorrell said that “Products that contain BMPEA may pose serious risks to consumers. The Vitamin Shoppe’s lead should be followed by all retailers so that products that contain BMPEA, or that are at risk of containing BMPEA, are removed from their stores.”
The Attorney General’s Office’s investigation of these products was initiated after a study led by Dr. Pieter Cohen of Harvard University Medical School revealed that BMPEA was present in a majority of the acacia rigidula dietary supplements analyzed. In 2013, when the FDA tested several workout and weight loss supplements that listed acacia rigidula as an ingredient, it determined that several contained the stimulant BMPEA. The FDA recently announced that BMPEA is not a dietary ingredient and that products that claim BMPEA as a dietary supplement are misbranded. The FDA issued warning letters to five manufacturers that use BMPEA as an ingredient in their products.
The Vermont Attorney General’s Office coordinated closely with the Oregon Department of Justice who announced a similar agreement with the Vitamin Shoppe today.
As part of both the AVC and AOD, Vitamin Shoppe, Inc. has agreed to the following:
- The Company will not sell products that contain BMPEA
- The Company will also not sell products containing the botanical acacia rigidula, which are at risk for containing BMPEA, unless adequate testing has been done to determine the product does not contain BMPEA
On April 7, 2015, a study was published in Drug Testing and Analysis, which found that some acacia rigidula containing products may also contain BMPEA.On April 8, 2015, Vitamin Shoppe, Inc, of its own volition and prior to receiving notice from Oregon or Vermont, proactively removed from its stores and website all acacia rigidula containing products, due to the concern that some of them may contain BMPEA. Vitamin Shoppe, Inc entered into both an AVC with the Oregon Attorney General and an AOD with the Vermont Attorney General on May 6, 2015.
The health and safety of Vitamin Shoppe customers is the company's number one priority, and the company removed these products out of an abundance of caution. Vitamin Shoppe, Inc. continues to encourage the FDA to use its authority to remove any dietary supplements from the market which it deems unsafe.
About the Vitamin Shoppe, Inc. VSI, +0.49%
The Vitamin Shoppe is a multi-channel specialty retailer and contract manufacturer of nutritional products based inNorth Bergen, New Jersey. In its stores and on its website, the Company carries one of the most comprehensive retail assortments in the industry, including vitamins, minerals, specialty supplements, herbs, sports nutrition, homeopathic remedies, green living products, and beauty aids. In addition to offering 900 national brand products, the Vitamin Shoppe also exclusively carries products under The Vitamin Shoppe®, BodyTech®, True Athlete®, MyTrition®, plntTM, ProBioCareTM, Next StepTM, Betancourt and Nutri-Force Sports®brands. The Vitamin Shoppe conducts business through more than 700 company-operated retail stores under The Vitamin Shoppe, Super Supplements and Vitapath retail banners, and primarily through its websites, www.VitaminShoppe.comandwww.supersup.com. Follow The Vitamin Shoppe on Facebook at http://www.facebook.com/THEVITAMINSHOPPEand on Twitter at http://twitter.com/VitaminShoppe.
Sources: Vermont AG. NORTH BERGEN, N.J., May 7, 2015 /PRNewswire/ -- Vitamin Shoppe, Inc