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Toby McAdam, Dietary Supplement Violations, Montana 2024

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Toby McAdam Sentenced for Dietary Supplement Violations in Montana

A Livingston, Montana resident has been held accountable for selling misbranded dietary supplements in the state. Toby McAdam, 57, pleaded guilty to one count of criminal contempt of court and was immediately sentenced to four months in prison.

McAdam was ordered to pay $80,000 in liquidated damages and $4,936.48 in attorney’s fees. The sentencing occurred in the District of Montana before U.S. District Judge Susan P. Watters on [Date].

The charges against McAdam alleged that he violated two court orders, a 2010 court order and an order of civil contempt issued in 2013, which prohibit him from selling dietary supplements.

McAdam admitted to continuing to sell both supplements and drugs and failed to close down his business and online sites. He was the owner and operator of Risingsun Health, based in Livingston.

The U.S. Postal Inspection Service and the FDA were commended for their efforts in the investigation. Trial Attorney David Sullivan of the Consumer Protection Branch handled the matter.

The Consumer Protection Branch will aggressively pursue those who distribute these products in violation of the law, said Principal Deputy Assistant Attorney General Benjamin C. Mizer.

McAdam’s actions demonstrate a blatant disregard for the law and the safety of consumers.

He was held in civil contempt for violating a consent decree that required him to close his business until the FDA authorized him to return to business. No such authorization was given.

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