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COVID-19 Legal Resource Guide
May 14, 2020

At FDA’s Request, DOJ Secures Temporary Restraining Order Against Xephyr for Selling Deceptive COVID-19-Related Products

The U.S. District Court for the Eastern District of Oklahoma granted the DOJ’s motion for a temporary restraining order (TRO) against Xephyr LLC, doing business as N-Ergetics, and three associated individuals, and required the defendants to immediately stop distributing their colloidal silver products. On March 6, the FDA and FTC issued a joint warning letter to Xephyr over claims that the defendants were marketing colloidal silver products on their website as effective for preventing or treating COVID-19 and other respiratory diseases. Although the defendants quickly removed the COVID-19-related webpages in compliance with the instructions in the warning letter, by the end of April, they had resumed marketing the product as a COVID-19 treatment. Consequently, the FDA requested that the DOJ to bring this case. The court found that the defendants were distributing unapproved and misbranded products in violation of the FD&C Act, and that the defendants may continue to do so in the absence of a TRO. On May 21, there will be a hearing on the government’s request to extend the injunction, which expires on June 4.

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