Mountain Peak Nutritionals

This is to advise you that the Food and Drug Administration (FDA) reviewed your website at the Internet address www.mountainpeaknutritionals.com in December 2020 and has determined that you take orders there for your Mood Support product. The claims on your website establish that your product is a drug under section 201(g)(1)(B) of the Federal Food, Drug, and Cosmetic Act (the Act) [21 U.S.C. § 321(g)(1)(B)] because it is intended for use in the cure, mitigation, treatment, or prevention of disease. As explained further below, introducing or delivering this product for introduction into interstate commerce violates the Act. You can find the Act and FDA regulations through links on FDA’s home page at www.fda.gov.

Examples of some of the website claims that provide evidence that your Mood Support is intended for use as a drug include:

On the webpage for Mood Support:

"5-hydroxytryptophan (5-HTP) [an ingredient in Mood Support] increases serotonin levels, which plays a significant role in treating depression, anxiety …"

On your Technical Data Sheet (available on your webpage):

"Mood Support™ formula is predicated on extensive scientific research that indicates depression is strongly associated with an imbalance in brain chemistry. By nutritionally changing and altering the brain chemistry we can better address the fundamental causes of depression and help bring about a resolution of symptoms." "We also include the B-complex vitamins that are often shown to be deficient in depressed patients." "5-HTP causes an increase in endorphins and other neurotransmitters that are often decreased in cases of depression. Numerous double-blind studies have shown that 5-HTP has equal effectiveness compared to drugs like Prozac, Paxil, and Zoloft (SSRI’s) and tricyclic antidepressant drugs like Imipramine and Desipramine in terms of effectiveness, while offering several advantages: it is less expensive, better tolerated, and associated with fewer and much milder side effects." "Researchers took interest in studying the antidepressive effects of ginkgo extract [an ingredient in Mood Support]...." "In over 25 double-blind studies examining the effectiveness of St. John’s wort [an ingredient in Mood Support] extract, the results showed that it was just as effective as pharmaceutical antidepressants in alleviating symptoms of mild to moderate depression, and with very few side effects." "Vitamin B1 (thiamine), B2 (riboflavin 5’ phosphate), B3 (niacinamide), B12 (methylcobalamin) and Folic Acid are also included [in Mood Support]. Deficiencies in these nutrients have been strongly linked with depression and other psychiatric illnesses."

Your Mood Support product is not generally recognized as safe and effective for the above referenced uses and, therefore, this product is “new drug” under section 201(p) of the Act [21 U.S.C. § 321(p)]. With certain exceptions not applicable here, new drugs may not be legally introduced or delivered for introduction into interstate commerce without prior approval from FDA, as described in sections 301(d) and 505(a) of the Act [21 U.S.C. §§ 331(d), 355(a)]. FDA approves a new drug on the basis of scientific data and information demonstrating that the drug is safe and effective.

A drug is misbranded under section 502(f)(1) of the Act [21 U.S.C. § 352(f)(1)] if the drug fails to bear adequate directions for its intended use(s). “Adequate directions for use” means directions under which a layperson can use a drug safely and for the purposes for which it is intended (21 C.F.R. § 201.5). Prescription drugs, as defined in section 503(b)(1)(A) of the Act [21 U.S.C. § 353(b)(1)(A)], can only be used safely at the direction, and under the supervision, of a licensed practitioner.

Your Mood Support product is intended for treatment of one or more diseases that are not amenable to self-diagnosis or treatment without the supervision of a licensed practitioner. Therefore, it is impossible to write adequate directions for a layperson to use your product safely for its intended purposes. Accordingly, your Mood Support product fails to bear adequate directions for their intended use and, therefore, the product is misbranded under section 502(f)(1) of the Act [21 U.S.C. § 352(f)(1)]. The introduction or delivery for introduction into interstate commerce of these misbranded drugs violates section 301(a) of the Act [21 U.S.C. § 331(a)].

The violations cited in this letter are not intended to be an all-inclusive statement of violations that exist in connection with your marketed products. You are responsible for investigating and determining the causes of any violations and for preventing their recurrence or the occurrence of other violations. It is your responsibility to ensure that your firm complies with all requirements of federal law, including FDA regulations.

You should take prompt action to address the violations cited in this letter. Failure to promptly address these violations may result in legal action without further notice, including, without limitation, seizure and injunction.

Please notify FDA in writing, within fifteen working days of receipt of this letter, of the specific steps that you have taken to address these violations. Include an explanation of each step being taken to prevent the recurrence of violations, as well as copies of related documentation. If you believe that your products are not in violation of the Act, include your reasoning and any supporting information for our consideration. If you cannot complete addressing these violations within fifteen working days, state the reason for the delay and the time within which you will do so. Your reply should be sent via e-mail to FDAAdvisory@fda.hhs.gov.