STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF REGIONAL AFFAIRS ATTORNEY GENERAL February 2, 2015 Michael G. Archbold, CEO GNC Holdings, Inc. 300 Sixth Avenue Pittsburgh, Pennsylvania 15222 Re: Certified—Return Receipt Requested CEASE & DESIST NOTIFICATION Herbal Plus—GNC Distributed Herbal Dietary Supplements Dear Mr. Archbold: This letter constitutes a demand to cease and desist engaging in the sale of adulterated and/or mislabeled herbal dietary supplements, and in particular to immediately stop the sale of five “Herbal Plus” dietary supplements as identified by lot number in the exhibit annexed hereto. Be advised that the Attorney General is authorized by Executive Law § 63(12) to investigate allegations and prosecute businesses which perpetuate fraud upon consumers or engage in illegality in their business practices. General Business Article 22-b further authorizes this office to redress deceptive business acts and practices and false advertising. Of late, the topic of purity (or lack thereof) in popular herbal dietary supplements has raised serious public health and safety concerns, 1 and also caused this office to take steps to independently assess the validity of industry representations and advertising. In an investigation recently conducted by the Attorney General’s Office, six popular GNC “Herbal Plus” brand dietary supplement products were purchased at four different New York State locations and were then genetically tested five times per sample, yielding 120 results. The supplements tested included Gingko Biloba, St. John’s Wort, Ginseng, Garlic, Echinacea, and Saw Palmetto. By using established DNA barcoding technology, analytic testing disclosed that 5 out of 6 types of dietary supplement products tested were either unrecognizable or a substance other than what they claimed to be, and therefore constitute contaminated or substituted products. Twenty-two (22) percent of the tests yielded DNA matching the product label; 33% tested for botanical material other than what was on the label; and 45% yielded no plant DNA at all. 1 See, e.g., Newmaster, et al., “DNA Barcoding Detects Contamination and Substitution in North American Herbal Products,” BMC Medicine, 2013, 11:222 (http://www.biomedcentral.com/1741-7015/11/222). 101 EAST POST ROAD, WHITE PLAINS, NY 10601 ● PHONE (914) 422-8755 ● FAX (914) 422-8706 ● WWW.AG.NY.GOV Contamination, substitution and falsely labeling herbal products constitute deceptive business practices and, more importantly, present considerable health risks for consumers. The Attorney General’s testing upon the products purchased revealed the following: Gingko Biloba. Negative. No gingko biloba DNA was identified. The only DNA identified was allium (x5), “oryza”(x4)(commonly known as rice), spruce, and asparagaceae. Nine of the tests revealed no plant DNA whatsoever. St. John’s Wort. Negative. No St. John’s Wort DNA was identified. Of the 20-tests performed, only three identified any DNA, and it included allium, oryza, and dracaena (tropical houseplant). Ginseng: Negative. No ginseng DNA was identified. The testing yielded identification of oryza, dracaena, pinus strobus, wheat/grass, and citrus spp., with 15 of the tests identifying no genetic material at all. Garlic: Positive. All 20 tests yielded DNA from allium. Echinacea: Negative. Five tests identified oryza DNA, one other yielded the DNA of pinus or ranunculacae. Fourteen tests detected no plant DNA of any sort in the product labeled Echinacea. Saw Palmetto: Qualified negative. Only 6 of 20 tests did identify the presence of saw palmetto, but the positive results were principally from one sample. The results did not replicate in the three other samples. One sample demonstrated no plant DNA, another revealed the presence of asparagaceae, and oryza, while a fourth was positive for DNA from the primrose family as well as saw palmetto. Studies conducted by the Centre for Biodiversity Genomics at the University of Guelph and others have previously alerted the dietary supplement industry to the fact that it is not providing the public with authentic products without substitution, contamination or fillers. It is disappointing that over a year later the Attorney General’s researcher reached similar conclusions, demonstrating that the industry has failed to clean up its practices. To assist in the Attorney General’s ongoing investigation of this matter, and pursuant to the above authority, please supply the following information as it pertains to the identified lot numbers, as well as for all companies presently producing these product lines: 1. The name of the manufacturer and the location of the production of each of the herbal products identified. 2. A listing of any DNA testing or any other analytic testing for content and quality (including but not limited to chemical composition) of the herbal products listed above and copies of such testing results. 3. Copies of all licensing and production contracts with any party involved in the production and distribution of the herbal products identified above. 4. A listing of all ingredients used in the products identified above and a measurement of the amount of each ingredient in each of the herbal products identified above. 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV 5. Identify the standards or procedures followed to authenticate the content of the herbal products listed above. 6. Produce the relevant Bioterrorism Registration documentation for the manufacturer of the dietary supplements. 7. Articulate the acquisition, production protocol, and quality assurance measures undertaken by the manufacturer of the products tested, including all such protocols undertaken to comply with current Dietary Supplement Current Good Manufacturing Practices (CGMPs) for quality control. 8. Produce any and all serious adverse event reports associated with use of any GNC herbal dietary supplement in the United States Please provide the requested information to me at the following address: NYS Attorney General’s Office, Dulles State Office Building, 317 Washington Street, Watertown, New York 13601. Kindly respond on or before 5:00 P.M. on February 9, 2015. If you have any questions, you may contact Assistant Attorney General Deanna R. Nelson at 315-785-2444. The foregoing shall not constitute a waiver of or limitation on the Attorney General's authority to issue subpoenas or take enforcement action pursuant to applicable law. Thank you for your anticipated cooperation. Very truly yours, MARTIN J. MACK Executive Deputy Attorney General In Charge of Regional Affairs Enc. 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV Supplements by Lot #: As a courtesy, store location for the tested supplement is also listed. Kindly remove all of the supplements identified below which may bear the lot number indicated no matter the store location. OAG # Product Address Bi-G-2 Gingko Biloba St. John's Wort Bi-G-3 Ginseng GNC #00369, 3111 E. Main Street, Johnson City, NY 13790 GNC #00369, 3111 E. Main Street, Johnson City, NY 13790 GNC #00369, 3111 E. Main Street, Johnson City, NY 13790 Bi-G-5 Su-G-2 Echinacea Saw Palmetto Gingko Biloba St. John's Wort Su-G-3 Ginseng Su-G-5 H-G-2 Echinacea Saw Palmetto Gingko Biloba St. John's Wort H-G-3 H-G-5 Bi-G-1 Bi-G-6 Su-G-1 Su-G-6 H-G-1 Lot # GNC #00369, 13790 GNC #00369, 13790 GNC #05057, 11705 GNC #05057, 11705 GNC #05057, 11705 3111 E. Main Street, Johnson City, NY 899 Montauk Highway, Bayport, NY Ginseng GNC #05057, 11705 GNC #05057, 11705 GNC #09903, 10027 GNC #09903, 10027 GNC #09903, 10027 Echinacea GNC #09903, 121 West 125th Street, New York, NY 10027 3111 E. Main Street, Johnson City, NY 899 Montauk Highway, Bayport, NY 899 Montauk Highway, Bayport, NY 899 Montauk Highway, Bayport, NY 899 Montauk Highway, Bayport, NY 121 West 125th Street, New York, NY 121 West 125th Street, New York, NY 121 West 125th Street, New York, NY Pl-G-2 Gingko Biloba St. John's Wort Pl-G-3 Ginseng GNC #06698, 114 Consumer Square, Plattsburgh, NY 12901 GNC #06698, 114 Consumer Square, Plattsburgh, NY 12901 GNC #06698, 114 Consumer Square, Plattsburgh, NY 12901 Pl-G-5 Echinacea Saw Palmetto GNC #06698, 114 Consumer Square, Plattsburgh, NY 12901 GNC #06698, 114 Consumer Square, Plattsburgh, NY 12901 Pl-G-1 Pl-G-6 4783GM1834 6736JN1945 8173LN3748 8273LN1987 2660DN3972 0624AN1834 0822BN1945 1376BN3748 1985CO1987 2617DO3972 2447DO1947 1930DO1945 2096DO3747 1247BO1941 2447DO1947 1930DO1945 2096DO3747 1985CO1987 0256AO3972 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF REGIONAL AFFAIRS ATTORNEY GENERAL February 2, 2015 Brian C. Cornell, CEO Target Corporation 1000 Nicollet Mall Minneapolis, Minnesota 55403 Re: Certified—Return Receipt Requested CEASE & DESIST NOTIFICATION Up & Up—Target Distributed Herbal Dietary Supplements Dear Mr. Cornell: This letter constitutes a demand to cease and desist engaging in the sale of adulterated and/or mislabeled herbal dietary supplements, and in particular to immediately stop the sale of three “Up & Up” dietary supplements as identified by lot number in the exhibit annexed hereto. Be advised that the Attorney General is authorized by Executive Law § 63(12) to investigate allegations and prosecute businesses which perpetuate fraud upon consumers or engage in illegality in their business practices. General Business Article 22-b further authorizes this office to redress deceptive business acts and practices and false advertising. Of late, the topic of purity (or lack thereof) in popular herbal dietary supplements has raised serious public health and safety concerns, 1 and also caused this office to take steps to independently assess the validity of industry representations and advertising. In an investigation recently conducted by the Attorney General’s Office, six popular Target “Up & Up” brand dietary supplement products were purchased at three different New York State locations, and were then genetically tested five times per sample, yielding 90 results. The supplements tested included Gingko Biloba, St. John’s Wort, Valerian Root, Garlic, Echinacea, and Saw Palmetto. By using established DNA barcoding technology, analytic testing disclosed that 3 out of 6 types of dietary supplement products tested were either unrecognizable or a substance other than what they claimed to be, and therefore constitute contaminated or substituted products. Forty-one (41) percent of the tests yielded DNA matching the product label; 21% tested for botanical material other than what was on the label; and 38% yielded no DNA at all. 1 See, e.g., Newmaster, et al., “DNA Barcoding Detects Contamination and Substitution in North American Herbal Products,” BMC Medicine, 2013, 11:222 (http://www.biomedcentral.com/1741-7015/11/222). 101 EAST POST ROAD, WHITE PLAINS, NY 10601 ● PHONE (914) 422-8755 ● FAX (914) 422-8706 ● WWW.AG.NY.GOV Contamination, substitution and falsely labeling herbal products constitute deceptive business practices and, more importantly, present considerable health risks for consumers. The Attorney General’s testing upon the products purchase revealed the following: Gingko Biloba. Negative. No gingko biloba DNA was identified. The only DNA identified was allium (x2), “oryza”(x2)(commonly known as rice), mung/French bean. Ten of the tests revealed no plant DNA whatsoever. St. John’s Wort. Negative. No St. John’s Wort DNA was identified. Of the 15-tests performed, only three identified any DNA, and it included allium, oryza, and dracaena (tropical houseplant). Garlic: Positive. Fourteen of fifteen tests yielded DNA from allium. One test identified no DNA. Echinacea: Qualified Positive. Eleven of 15 tests identified Echinacea DNA, 3 tests located no genetic evidence of Echinacea, and 1 test identified oryza DNA. Saw Palmetto: Qualified positive. Twelve of 15 tests identified the presence of saw palmetto, with 3 tests not identifying any genetic evidence of plant material of any type. Valerian Root: Negative. No Valerian root DNA was identified. The testing did, however, yield identification of allium (x4), phasolus/beans; asparagacea, pea family DNA, oryza (x2), and phaseolus fabacaeae, wild carrot, and saw palmetto genetic material, with 3 of the tests identifying no genetic material at all. Studies conducted by the Centre for Biodiversity Genomics at the University of Guelph and others have previously alerted the dietary supplement industry to the fact that it is not providing the public with authentic products without substitution, contamination or fillers. It is disappointing that over a year later the Attorney General’s researcher reached similar conclusions, demonstrating that the industry has failed to clean up its practices. To assist in the Attorney General’s ongoing investigation of this matter, and pursuant to the above authority, kindly supply the following information: 1. The name of the manufacturer and the location of the production of each of the herbal products identified above. 2. A listing of any DNA testing or any other analytic testing for content and quality (including but not limited to chemical composition) of the herbal products listed above and copies of such testing results. 3. Copies of all licensing and production contracts with any party involved in the production and distribution of the herbal products identified above. 4. A listing of all ingredients used in the products identified above and a measurement of the amount of each ingredient in each of the herbal products identified above. 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV 5. Identify the standards or procedures followed to authenticate the content of the herbal products listed above. 6. Produce the relevant Bioterrorism Registration documentation for the manufacturer of the dietary supplements. 7. Articulate the acquisition, production protocol, and quality assurance measures undertaken by the manufacturer of the products tested, including all such protocols undertaken to comply with current Dietary Supplement Current Good Manufacturing Practices (CGMPs) for quality control. 8. Produce any and all serious adverse event reports associated with use of any Target herbal dietary supplement in the United States. Please provide the requested information to me at the following address: NYS Attorney General’s Office, Dulles State Office Building, 317 Washington Street, Watertown, New York 13601. Kindly respond on or before 5:00 P.M. on February 9, 2015. If you have any questions, you may contact Assistant Attorney General Deanna R. Nelson at 315-785-2444. The foregoing shall not constitute a waiver of or limitation on the Attorney General's authority to issue subpoenas or take enforcement action pursuant to applicable law. Thank you for your anticipated cooperation. Very truly yours, MARTIN J. MACK Executive Deputy Attorney General In Charge of Regional Affairs Enc. 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV Supplements by Lot #: As a courtesy, store location for the tested supplement is also listed. Kindly remove all of the supplements identified below which may bear the lot number indicated no matter the store location. OAG # Po-T-1 Po-T-2 Po-T-7 N-T-1 N-T-2 N-T-7 Sy-T-1 Sy-T-2 Sy-T-7 Product Address Gingko Biloba St. John's Wort Valerian Root Gingko Biloba St. John's Wort Valerian Root Gingko Biloba St. John's Wort Valerian Root Target, Poughkeepsie Galleria, 2001 South Road, Poughkeepsie, NY 12601 Target, Poughkeepsie Galleria, 2001 South Road, Poughkeepsie, NY 12601 Target, Poughkeepsie Galleria, 2001 South Road, Poughkeepsie, NY 12601 Lot # 4CN1978 4CN1557 4EN1858 Target, 999 Corporate Drive, Westbury, NY 11590 4FN1313 Target, 999 Corporate Drive, Westbury, NY 11590 4EN1223 Target, Target, 13219 Target, 13219 Target, 13219 4EN1497 999 Corporate Drive, Westbury, NY 11590 3657 W. Genesee Street, Syracuse, NY 3657 W. Genesee Street, Syracuse, NY 3657 W. Genesee Street, Syracuse, NY 4EN1222 4DN1794 4DN1774 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF REGIONAL AFFAIRS ATTORNEY GENERAL February 2, 2015 Alexander Gourlay, President Walgreens 200 Wilmot Road Deerfield, Illinois 60015 Re: Certified—Return Receipt Requested CEASE & DESIST NOTIFICATION Finest Nutrition—Walgreen Distributed Herbal Dietary Supplements Dear Mr. Gourlay: This letter constitutes a demand to cease and desist engaging in the sale of adulterated and/or mislabeled herbal dietary supplements, and in particular to immediately stop the sale of five “Finest Nutrition” dietary supplements as identified by lot number in the exhibit annexed hereto. Be advised that the Attorney General is authorized by Executive Law § 63(12) to investigate allegations and prosecute businesses which perpetuate fraud upon consumers or engage in illegality in their business practices. General Business Article 22-b further authorizes this office to redress deceptive business acts and practices and false advertising. Of late, the topic of purity (or lack thereof) in popular herbal dietary supplements has raised serious public health and safety concerns, 1 and also caused this office to take steps to independently assess the validity of industry representations and advertising. In an investigation recently conducted by the Attorney General’s Office, six popular Walgreen “Finest Nutrition” brand dietary supplement products were purchased at three different New York State locations and were then genetically tested five times per sample, yielding 90 results. The supplements tested included Gingko Biloba, St. John’s Wort, Ginseng, Garlic, Echinacea, and Saw Palmetto. By using established DNA barcoding technology, analytic testing disclosed that 5 of the 6 types of dietary supplement products tested were either unrecognizable or a substance other than what they claimed to be, and therefore fairly constitute contaminated or substituted products. Eighteen (18) percent of the tests yielded DNA matching the product label; 45% tested for botanical material other than what was on the label; and 37% yielded no plant DNA at all. 1 See, e.g., Newmaster, et al., “DNA Barcoding Detects Contamination and Substitution in North American Herbal Products,” BMC Medicine, 2013, 11:222 (http://www.biomedcentral.com/1741-7015/11/222). 101 EAST POST ROAD, WHITE PLAINS, NY 10601 ● PHONE (914) 422-8755 ● FAX (914) 422-8706 ● WWW.AG.NY.GOV Contamination, substitution and falsely labeling herbal products constitute deceptive business practices and, more importantly, present considerable health risks for consumers. The Attorney General’s testing upon the products purchased revealed the following: Gingko Biloba. Negative. The only DNA identified was “oryza”, commonly known as rice. No gingko biloba DNA was identified. St. John’s Wort. Negative. Of the 15-tests performed, only three identified any DNA, and it was not of St. John’s Wort. The DNA positively identified included allium, oryza, and dracaena (garlic, rice, tropical houseplant). No St. John’s Wort was identified in the product. Ginseng: Negative. Fifteen tests yielded identification of allium (x2) and oryza (x6), but no genetic material from ginseng. Garlic: Negative. Genetic material of palm, dracaena, wheat, and oryza was located, with only 1/15 of the tests identifying allium as present in the product. Ten of the 15-tests showed no identifiable genetic plant material. Echinacea: Negative. The testing revealed 5-positive identification of allium, 5-positive findings of oryza, and one for DNA material originating in the daisy family. No DNA from Echinacea was identified. Saw Palmetto: Positive. All fifteen tests yielded genetic material of the saw palmetto plant. Studies conducted by the Centre for Biodiversity Genomics at the University of Guelph and others have previously alerted the dietary supplement industry to the fact that it is not providing the public with authentic products without substitution, contamination or fillers. It is disappointing that over a year later the Attorney General’s researcher reached similar conclusions, demonstrating that the industry has failed to clean up its practices. To assist in the Attorney General’s ongoing investigation of this matter, and pursuant to the above authority, kindly supply the following information: 1. The name of the manufacturer and the location of the production of each of the herbal products identified above. 2. A listing of any DNA testing or any other analytic testing for content and quality (including but not limited to chemical composition) of the herbal products listed above and copies of such testing results. 3. Copies of all licensing and production contracts with any party involved in the production and distribution of the herbal products identified above. 4. A listing of all ingredients used in the products identified above and a measurement of the amount of each ingredient in each of the herbal products identified above. 5. Identify the standards or procedures followed to authenticate the content of the herbal products listed above. 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV 6. Produce the relevant Bioterrorism Registration documentation for the manufacturer of the dietary supplements. 7. Articulate the acquisition, production protocol, and quality assurance measures undertaken by the manufacturer of the products tested, including all such protocols undertaken to comply with current Dietary Supplement Current Good Manufacturing Practices (CGMPs) for quality control. 8. Produce any and all serious adverse event reports associated with use of any Walgreen herbal dietary supplement in the United States Please provide the requested information to me at the following address: NYS Attorney General’s Office, Dulles State Office Building, 317 Washington Street, Watertown, New York 13601. Kindly respond on or before 5:00 P.M. on February 9, 2015. If you have any questions, you may contact Assistant Attorney General Deanna R. Nelson at 315-785-2444. The foregoing shall not constitute a waiver of or limitation on the Attorney General's authority to issue subpoenas or take enforcement action pursuant to applicable law. Thank you for your anticipated cooperation. Very truly yours, MARTIN J. MACK Executive Deputy Attorney General In Charge of Regional Affairs Enc. 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV Supplements by Lot #: As a courtesy, store location for the tested supplement is also listed. Kindly remove all of the supplements identified below which may bear the lot number indicated no matter the store location. OAG # Product Br-Wg-2 Gingko Biloba St. John's Wort Br-Wg-3 Ginseng Br-Wg-4 Garlic Br-Wg-5 R-Wg-2 Echinacea Gingko Biloba St. John's Wort R-Wg-3 Ginseng R-Wg-4 Garlic R-Wg-5 Wa-Wg-2 Echinacea Gingko Biloba St. John's Wort Wa-Wg-3 Ginseng Wa-Wg-4 Garlic Wa-Wg-5 Echinacea Br-Wg-1 R-Wg-1 Wa-Wg-1 Address Walgreens #04362, 520 Atlantic Avenue, Brooklyn, NY 11217 Walgreens #04362, 520 Atlantic Avenue, Brooklyn, NY 11217 Walgreens #04362, 520 Atlantic Avenue, Brooklyn, NY 11217 Walgreens #04362, 520 Atlantic Avenue, Brooklyn, NY 11217 Walgreens #04362, 520 Atlantic Avenue, Brooklyn, NY 11217 Walgreens #09584, 1650 Elmwood Avenue, Rochester, NY 14620 Walgreens #09584, 1650 Elmwood Avenue, Rochester, NY 14620 Walgreens #09584, 1650 Elmwood Avenue, Rochester, NY 14620 Walgreens #09584, 1650 Elmwood Avenue, Rochester, NY 14620 Walgreens #09584, 1650 Elmwood Avenue, Rochester, NY 14620 Walgreens #10219, 929 Arsenal Street, Watertown, NY 13601 Walgreens #10219, 929 Arsenal Street, Watertown, NY 13601 Walgreens #10219, 929 Arsenal Street, Watertown, NY 13601 Walgreens #10219, 929 Arsenal Street, Watertown, NY 13601 Walgreens #10219, 929 Arsenal Street, Watertown, NY 13601 Lot # 885709-02 443071-09 761948-04 902192-02 770813-01 889588-02 764386-03 761948-04 902192-02 748376-01 885768-01 491668-10 500472-03 881647-02 752900-02 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL ERIC T. SCHNEIDERMAN DIVISION OF REGIONAL AFFAIRS ATTORNEY GENERAL February 2, 2015 Doug McMillon, President/CEO Wal-Mart Stores, Inc. 702 SW 8th Street Bentonville, Arkansas 72716 Re: Certified—Return Receipt Requested CEASE & DESIST NOTIFICAT ION Spring Valley—Walmart Distributed Herbal Dietary Supplements Dear Mr. McMillon: This letter constitutes a demand to cease and desist engaging in the sale of adulterated and/or mislabeled herbal dietary supplements, and in particular to immediately stop the sale of six “Spring Valley” dietary supplements as identified by lot number in the exhibit annexed hereto. Be advised that the Attorney General is authorized by Executive Law § 63(12) to investigate allegations and prosecute businesses which perpetuate fraud upon consumers or engage in illegality in their business practices. General Business Article 22-b further authorizes this office to redress deceptive business acts and practices and false advertising. Of late, the topic of purity (or lack thereof) in popular herbal dietary supplements has raised serious public health and safety concerns, 1 and also caused this office to take steps to independently assess the validity of industry representations and advertising. In an investigation recently conducted by the Attorney General’s Office, six popular Walmart “Spring Valley” brand dietary supplement products were purchased at three different New York State locations and were then genetically tested five times per sample, yielding 90 results. The supplements tested included Gingko Biloba, St. John’s Wort, Ginseng, Garlic, Echinacea, and Saw Palmetto. By using established DNA barcoding technology, analytic testing disclosed that all of the tested dietary supplement products were either unrecognizable or a substance other than what they claimed to be, and therefore fairly constitute contaminated or substituted products. Four (4) percent of the tests yielded DNA matching the product label; 40% tested for botanical material other than what was on the label; and 56% yielded no plant DNA at all. 1 See, e.g., Newmaster, et al., “DNA Barcoding Detects Contamination and Substitution in North American Herbal Products,” BMC Medicine, 2013, 11:222 (http://www.biomedcentral.com/1741-7015/11/222). 101 EAST POST ROAD, WHITE PLAINS, NY 10601 ● PHONE (914) 422-8755 ● FAX (914) 422-8706 ● WWW.AG.NY.GOV Contamination, substitution and falsely labeling herbal products constitute deceptive business practices and, more importantly, present considerable health risks for consumers. The Attorney General’s testing upon the products purchased revealed the following: Gingko Biloba. Negative. No gingko biloba DNA was identified. The only DNA identified was “oryza” (commonly known as rice) in 6 of the fifteen tests, with other tests identifying dracaena (a tropical houseplant), mustard, wheat, and radish. Four of the tests revealed no plant DNA whatsoever. St. John’s Wort. Negative. No St. John’s Wort DNA was identified. Of the 15-tests performed, only four identified any DNA, and it included allium, oryza (x2), and cassava (garlic, rice, and a tropical root crop). Ginseng: Negative. No ginseng DNA was identified. The testing yielded identification of oryza, dracaena, pinus strobus, wheat/grass, and citrus spp., with 10 of the tests identifying no genetic material at all. Garlic: Qualified negative. While one of 15 tests did identify the presence of allium, it was clearly not predominate. The other tests identified oryza (x6), and pinus spp. Genetic material of palm, dracaena, wheat, and oryza was located, with only 1/15 of the tests identifying allium as present in the product. Ten of the 15tests showed no identifiable genetic plant material. Echinacea: Negative. No plant genetic material of any sort was identified in the product labeled Echinacea. Saw Palmetto: Qualified negative. Three of 15 tests did identify the presence of saw palmetto, but it did not predominate. Three tests identified allium DNA, and six other tests identified the presence of oryza. Four tests were unable to identify any botanic DNA in the samples. Studies conducted by the Centre for Biodiversity Genomics at the University of Guelph and others have previously alerted the dietary supplement industry to the fact that it is not providing the public with authentic products without substitution, contamination or fillers. It is disappointing that over a year later the Attorney General’s researcher reached similar conclusions, demonstrating that the industry has failed to clean up its practices. To assist in the Attorney General’s ongoing investigation of this matter, and pursuant to the above authority, kindly supply the following information: 1. The name of the manufacturer and the location of the production of each of the herbal products identified above. 2. A listing of any DNA testing or any other analytic testing for content and quality (including but not limited to chemical composition) of the herbal products listed above and copies of such testing results. 3. Copies of all licensing and production contracts with any party involved in the production and distribution of the herbal products identified above. 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV 4. A listing of all ingredients used in the products identified above and a measurement of the amount of each ingredient in each of the herbal products identified above. 5. Identify the standards or procedures followed to authenticate the content of the herbal products listed above. 6. Produce the relevant Bioterrorism Registration documentation for the manufacturer of dietary supplements. 7. Articulate the acquisition, production protocol, and quality assurance measures undertaken by the manufacturer of the products tested, including all such protocols undertaken to comply with current Dietary Supplement Current Good Manufacturing Practices (CGMPs) for quality control. 8. Produce any and all serious adverse event reports associated with use of any Walmart herbal dietary supplement in the United States Please provide the requested information to me at the following address: NYS Attorney General’s Office, Dulles State Office Building, 317 Washington Street, Watertown, New York 13601. Kindly respond on or before 5:00 P.M. on February 9, 2015. If you have any questions, you may contact Assistant Attorney General Deanna R. Nelson at 315-785-2444. The foregoing shall not constitute a waiver of or limitation on the Attorney General's authority to issue subpoenas or take enforcement action pursuant to applicable law. Thank you for your anticipated cooperation. Very truly yours, MARTIN J. MACK Executive Deputy Attorney General In Charge of Regional Affairs Enc. 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV Supplements by Lot #: As a courtesy, store location for the tested supplement is also listed. Kindly remove all of the supplements identified below which may bear the lot number indicated no matter the store location. OAG # Product We-Wm-2 Gingko Biloba St. John's Wort Ginseng Garlic Echinacea Saw Palmetto Gingko Biloba St. John's Wort We-Wm-3 Ginseng We-Wm-4 Garlic We-Wm-5 Echinacea Saw Palmetto Gingko Biloba St. John's Wort Ginseng Garlic Echinacea Saw Palmetto Bu-Wm-1 Bu-Wm-2 Bu-Wm-3 Bu-Wm-4 Bu-Wm-5 Bu-Wm-6 We-Wm-1 We-Wm-6 U-Wm-1 U-Wm-2 U-Wm-3 U-Wm-4 U-Wm-5 U-Wm-6 Address Lot # WalMart, 4975 Transit Road, Lancaster, NY 14086 897204-03 WalMart, WalMart, WalMart, WalMart, 14086 14086 14086 14086 214185088 761948-10 900872-02 214093742 WalMart, 4975 Transit Road, Lancaster, NY 14086 WalMart #3441, 275 Main Street, White Plains, NY 10601 WalMart #3441, 275 Main Street, White Plains, NY 10601 WalMart #2531, 3133 East Main Street, Mohegan Lake, NY 10547 WalMart #3441, 275 Main Street, White Plains, NY 10601 WalMart #3441, 275 Main Street, White Plains, NY 10601 WalMart #3441, 275 Main Street, White Plains, NY 10601 410683-03 WalMart, 710 Horatio Street, Utica, NY 13502 897204-03 WalMart, WalMart, WalMart, WalMart, 13502 13502 13502 13502 214215441 761948-10 891564-01 214164762 WalMart, 710 Horatio Street, Utica, NY 13502 410683-03 4975 4975 4975 4975 710 710 710 710 Transit Transit Transit Transit Horatio Horatio Horatio Horatio Road, Road, Road, Road, Street, Street, Street, Street, Lancaster, Lancaster, Lancaster, Lancaster, Utica, Utica, Utica, Utica, NY NY NY NY NY NY NY NY 900362-02 770912-04 761948-12 901904-01 214093742 775547-03 615 ERIE BOULEVARD WEST, SUITE 100, SYRACUSE, NY 13204 ● PHONE (315) 448-4800 ● FAX (315) 448-4853 ● WWW.AG.NY.GOV