LOS ANGELES
– A British man was named today in a federal criminal complaint that charges
him with smuggling into the United States mislabeled drugs purported to be a
treatment for those suffering from COVID-19, the disease caused by the novel
coronavirus.
Frank
Richard Ludlow, 59, of West Sussex, United Kingdom, was charged with one count
of introducing misbranded drugs into interstate commerce, a felony offense that
carries a statutory maximum sentence of three years in federal prison.
According to
an affidavit filed with the complaint, beginning on March 1, as the coronavirus
global health crisis worsened, Ludlow repackaged preexisting “Trinity Remedy”
kits as “Trinity COVID-19 SARS Antipathogenic Treatment” kits, even though the
kits had not been approved by the U.S. Food and Drug Administration to treat
COVID-19 – or for any other use.
Every major
health authority has warned that there is no specific antiviral treatment for
COVID-19 and no vaccine to prevent coronavirus infection. New drugs may not be
legally introduced or delivered for introduction into interstate commerce
without prior FDA approval.
“Hucksters
who hawk ‘treatments’ for this deadly disease put consumers’ lives at risk by
peddling unapproved drugs,” said United States Attorney Nick Hanna. “We are
aggressively investigating all types of criminal activity associated with the
current health emergency, and anyone attempting to cheat the public during this
time will face severe penalties.”
“The FDA is
actively and aggressively monitoring for unproven COVID-19 products including
those attempting to be imported into the country— as part of our ongoing
efforts to protect Americans during this pandemic. Unproven health claims,
tests, and medical products can pose serious health risks and may keep people
from seeking care or delay necessary medical treatment,” said Catherine A.
Hermsen, Assistant Commissioner for Criminal Investigations, FDA Office of
Criminal Investigations. “The FDA will continue to take appropriate action to
protect consumers from bad actors who take advantage of a pandemic to increase
their profits while jeopardizing the public health.”
“Drugs and
medical devices are strictly regulated in order to protect the American
consumer,” said David A. Prince, Special Agent in Charge for Homeland Security
Investigations (HSI) Los Angeles. “Individuals who circumvent those regulations
potentially expose patients to unsafe products that could cause serious harm.
HSI will continue to target those whose actions put the health and safety of
our citizens at risk.”
Ludlow, who
is not a doctor, allegedly smuggled the kits from the United Kingdom to the
United States by shipping mislabeled parcels containing the kits to individuals
in California and Utah. Ludlow’s business relationship with his Utah connection
dates back to May 2017 when he sold her “Trinity Remedy,” a “miracle cure” for
her severe medical issues, the affidavit states.
This “cure”
– later rebranded as “Trinity Mind, Body & Soul” – allegedly contained
vitamin C, an enzyme mix, potassium thiocyanate, and hydrogen peroxide.
Consumers were instructed to add 18 ounces of water, say a prayer, drink half
of the solution, take a probiotic along with bee pollen, and then ingest the
remainder of the solution, according to the affidavit.
Between May
2017 and March 2020, Ludlow sold his Utah connection between 300 and 400 of
these “treatments” for $50 per kit, many of which she gave away, but some of
which she sold for as much as $200, the affidavit states.
In February or March of 2020, Ludlow
began selling kits named “Trinity COVID-19 SARS Antipathogenic Treatment,” and
these kits had the same ingredients as “Trinity Mind, Body & Soul,”
according to court documents. Ludlow allegedly shipped the kits from the United
Kingdom to Ogden, Utah and to the Forestville, California home of the Utah
woman’s boyfriend. Ludlow allegedly also shipped kits to the Draper, Utah home
of his Utah connection’s parents. Federal law enforcement intercepted the kits
before they reached their intended destinations.
On March 23,
British law enforcement arrested Ludlow and charged him with violating drug
laws. He remains in custody in the U.K.
This matter
was investigated jointly by the Food and Drug Administration’s Office of
Criminal Investigations and Homeland Security Investigations, with assistance
from U.S. Customs and Border Protection and the United States Postal Inspection
Service.
This case is
being prosecuted by Assistant United States Attorneys Matthew W. O’Brien and
Mark A. Williams of the Environmental and Community Safety Crimes Section.
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