DEFAULT JUDGMENT AND DECREE OF CONDEMNATION, FORFEITURE, AND DESTRUCTION

R. BRYAN HARWELL, District Judge.

On November 5, 2018, a Verified Complaint for Forfeiture ("Complaint") against the above-captioned articles ("Articles") was filed in this Court. The Complaint alleges that the Articles are dietary supplements and dietary ingredients within the meaning of the Act, 21 U.S.C. §§ 321(ff) and 321(ff)(1), that may not be introduced or delivered for introduction into interstate commerce pursuant to 21 U.S.C. § 331(a) because they are adulterated within the meaning of 21 U.S.C. § 342(f)(1)(B). Thus, the Articles are subject to seizure, condemnation, and forfeiture to the United States under 21 U.S.C. § 334.

Pursuant to a Warrant for Arrest issued by this Court, the United States Marshal seized the Articles on November 7, 2018.

It appearing that process was duly issued in this action and returned; that public notice of the arrest and seizure of the Articles was given; and that no person or entity has appeared to claim the Articles within the time specified by the Warrant for Arrest and Rule G(5)(a)(ii) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, based on the motion of the United States for a Default Judgment, it is hereby:

ORDERED, ADJUDGED, and DECREED, pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, that the default of all persons and entities having any right, title, or interest in the Articles under seizure, including but not limited to, MBBR International, Inc., be and is hereby entered; and it is further

ORDERED, ADJUDGED, and DECREED, that the seized Articles are adulterated within the meaning of 21 U.S.C. § 342(f)(1)(B), and may not be introduced or delivered for introduction into interstate commerce pursuant to 21 U.S.C. § 331(a); and it is further

ORDERED, ADJUDGED, and DECREED, that the Articles are hereby condemned pursuant to 21 U.S.C. § 334 and forfeited to the United States; and it is further

ORDERED, ADJUDGED, and DECREED, pursuant to 21 U.S.C. § 334, that the United States Marshal shall forthwith destroy the forfeited and condemned Articles and make due return to this Court. Destruction shall be in a manner that complies with all applicable federal and state law and in the presence of a representative from the United States Food and Drug Administration.