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Sex gum is drug, says attorney

By staff reporter , 29-Jan-2010

A chewing gum marketed for its ability to enhance the male libido is being falsely marketed as a dietary supplement when it has the characteristics of a drug, according to New York food attorney, Marc Ullman.

Sexlets Gum is marketed as an “antioxidant, testosterone booster” but Ullman believes it should be classified under drug law because of the claim made by the manufacturer about how the ingredients enter the bloodstream.

The product is NOT a dietary supplement,” said Ullman in a mail-out today.

“Because the manufacturer states the so-called active ingredients are ‘instantly absorbed into the body through the capillaries’ it is an illegal, unapproved new drug.

He told NutraIngredients-USA.com: “If a nutrient is absorbed through the capillaries, then it’s a drug. Dietary supplements have to be absorbed in the gastrointestinal tract.”

He suggested Food and Drug Administration (FDA) action was unlikely.

“I doubt FDA will do anything. The Agency generally reacts with glacial speed unless there is an imminent danger to public health, and even then the response time is curious. Even under the new administration and even with Deputy Commissioner Sharfstein’s commitment to working with industry, there seems to be a notable lack of response to requests for enforcement action that go to FDA from the supplement industry.”

Sexlets Gum contains a selection of herbal extracts including ginseng, vitamin E and yohimbe bark extract.

It is recommended users consume three pieces of Sexlets Gum per day.

The National Institutes of Health notes there is “unclear scientific evidence” linking yohimbe bark extract - which has a tradition of use among native Americans - with the relief of erectile dysfunction; increasing female libido; relieving nervous system dysfunction; relief of sexual sexual side effects of using depressants such as selective serotonin reuptake inhibitors (SSRI).

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