Diet Supplement Criminal Penalties

DNP Distributor Gets Prison for Selling Deadly Diet Pills

Diet Supplement Criminal Penalties

In recent legal news, a DNP distributor was sentenced to prison for selling the deadly diet pill to consumers. Barry Clint Wright used to run a website called CrystalDNP.com, which he used to reach consumers who would purchase the diet pill DNP. Wright was accused of using deceptive marketing strategies for DNP, which included mislabeling the drug and selling it on websites for candles and bee pollen. Like a lot of unapproved weight loss supplements, the DNP pills posed significant health risks for users: multiple people died after consuming the pills sold by Wright. As a result, Wright eventually pleaded guilty to the criminal charges and was sentenced to a term of incarceration of seven (7) years.

California consumer fraud lawyer Robert Tauler provided commentary on the Barry Clint Wright criminal case, which can be viewed here.

DNP Is a Deadly Weight Loss Drug

DNP is a chemical substance also known as 2,4-Dinitrophenol. When ingested, DNP can have severe health consequences for users, including cataracts, cardiac arrhythmia, and even death. In fact, DNP is considered so dangerous that the U.S. Food and Drug Administration (FDA) has declared it to be “extremely dangerous” and “not fit for human consumption.” In this way, DNP is similar to other nutritional and weight loss supplements that can cause adverse health effects. Additionally, when companies sell unapproved supplements for use by consumers, the companies may be both criminally and civilly liable.

Although there are some people like Barry Clint Wright who have claimed that DNP is not dangerous for consumption, those people are wrong. The evidence on DNP is clear: the drug is extremely unsafe and poses significant health risks to consumers, which is why the FDA has made it illegal to market, sell, or otherwise distribute the weight loss drug.

Companies that violate the law by deceptively marketing DNP and then selling it as a dietary supplement may be exposed to civil liability. The experienced consumer fraud lawyers at Tauler Smith LLP help plaintiffs file nutritional supplement lawsuits in courtrooms throughout the country.

Barry Clint Wright Sentenced to Prison for Selling DNP to Consumers

Barry Clint Wright was recently sentenced to seven (7) years in prison for selling DNP as a weight loss drug. Wright was criminally indicted in the U.S. District Court for the Middle District of Florida, a federal court with jurisdiction in the case. The crimes that Wright was indicted for related to the sale of DNP and how he marketed the weight loss drug to consumers. He later reached a plea agreement with federal prosecutors, in which he admitted his guilt.

What makes this case so interesting is that the federal government sought an enhancement of the federal sentencing guidelines. In this case, prosecutors wanted the judge to issue a sentence longer than what the guidelines called for. They did this because the way that Wright marketed DNP was particularly egregious and exposed consumers to significant health risks. The government said that Wright failed to label the product accurately, and he also sold it on multiple websites. Moreover, the government said that three (3) customers died after using the DNP – with the possibility that more customers may have died. Beyond that, Wright was accused of using “sophisticated tactics” to ensure that the dangerous diet pill would go unregulated. (E.g., he sold the DNP on a candle website and asked customers to claim that they were buying candles.)

The federal judge ultimately agreed with prosecutors and sentenced Barry Clint Wright to the maximum statutory sentence of seven (7) years in prison.

Contact the California Dietary Supplement Lawyers at Tauler Smith LLP

DNP has dangerous side effects, and the people who mislabel DNP and sell it as a weight loss pill are engaging in criminal activity. If you purchased DNP for use as a diet pill, you may be eligible to file a civil suit against the manufacturer or distributor. Call or send an email to the California dietary supplement lawyers at Tauler Smith LLP today.

Blackstone Labs Criminal Trial Update Co-Defendant Pleads Guilty

Techdirt

Copyright Troll Richard Liebowitz Drops Case After Suing On Behalf Of The Wrong Party And Trying To Swap Plaintiffs

Why oh why do people still hire copyright troll Richard Liebowitz? There are just so many stories of him messing up copyright cases and getting scolded by judges, you’d think that people would think twice. But then, yet another story of Liebowitz messing up comes to light. The latest is a real doozy. 

Click here to read full article on TechDirt.com.

 

Milk Studios Sued by Pier59

Pier59 sues Milk Studios for alleged safety code violations

Fashion studio Pier59 has sued a rival photography studio claiming that it has violated safety codes in its Meatpacking district studio spaces in a Google-owned building.

Pier59 Studios — owned by Italian Prince Federico Pignatelli della Leonessa — claims in a new Manhattan Supreme Court lawsuit that Milk Studios is doing film shoots without proper permitting in its offices on the 2nd, 8th and penthouse floors of the Sky Line adjacent 450 West 15th St. building.

Read more at PageSix.com.

Firm Obtains Early Dismissal Copyright Infringement Claim Brought by Attorney Richard Liebowitz and Rachel Dolezal

Rachel Dolezal dismisses “selfie” copyright case against Paper Mag after legal maneuvering goes awry.

NEW YORK, N.Y. — Five years after she came to national attention for identifying as black woman while being of European ancestry and having no verifiable African ancestry, Rachel Dolezal is again at the heart of a legal controversy. This time, Dolezal filed suit for copyright infringement after Paper Magazine included Dolezal’s public Instagram post as part of their news coverage. 

Last summer, Dolezal announced on Instagram that she’s bisexual. Among the pop culture and celebrity media that covered the June 15 announcement was New York-based Paper Magazine, which published a story, including Dolezal’s Instagram selfie which was part of her announcement.

Three months later, a lawsuit filed on behalf of New York company Polaris Images accused Paper Magazine of copyright infringement based on an alleged “exclusive license” to market all images of Dolezal.

The Subject Image in the litigation.

The Sept. 3 lawsuit was filed by New York attorney Richard Liebowitz, who was recently called a “copyright troll” by a federal judge due to his prolific litigation history — filing over 1,100 copyright infringement lawsuits over the past three years .

The lawsuit against Paper Magazine sought all profits earned from publishing the photo, plus $150,000 in damages — the maximum allowed under federal law for willful infringement of a copyrighted work.

This time, however, Robert Tauler, Paper Magazine’s Los Angeles attorney, found the way to stop Liebowitz’s deluge of copyright lawsuits stemming from social media posts.

“Our team was able to find a legal loophole in Mr. Liebowitz’s modus operandi, which forced Liebowitz to backtrack and name Dolezal as the plaintiff instead of the original plaintiff, Polaris,” Tauler said. “However, plaintiff’s lawyers can’t switch horses in the middle of a copyright lawsuit, and when we challenged Mr. Liebowitz’s second attempt he was forced to dismiss the case before our motion to dismiss was even heard by the court.”

Liebowitz dropped the lawsuit on Jan. 29, and apologized to U.S. District Court Judge Katherine Polk Failla, explaining that the switch was just a misunderstanding – an explanation Tauler expects to challenge when seeking attorneys fees for his client.

“I believe the loophole we exposed can put an end to endless filing of copyright lawsuits like this one,” Tauler said. “Some copyright attorneys make a living exploiting technical aspects of the law that do not advance any of the objectives of the Copyright Act, let alone provide any benefit to society. Lawsuits like this hurt the legal profession by flooding our courts and draining the resources of legitimate businesses.”

A copy of the lawsuit and Liebowitz’s apology letter to the court can be found here.