ANDOVER, N.J.—The Bergen County, N.J., Prosecutor’s Office Criminal Investigation Division arrested two independent health food store owners for allegedly producing and distributing counterfeit products labeled and passed off as Stacker 2, an NVE Pharmaceuticals weight-loss product. Officials arrested Arun Datwani, owner of North Arlington, N.J.-based Roots Vitamin and Health Food Store, and Frank Huerta, owner of West New York, N.J.-based Nutricentro Health Food Store. From raids at both businesses, as well as the residences of the individuals arrested, officials seized approximately 5,000 bottles of counterfeit “Stacker 2 with ephedra” product, rolls of counterfeit labels and labeling equipment, and $3.5 million in alleged profits from the sale of the fake Stacker 2. “It does look like Stacker 2 product," Bergen County Prosecutor John Molinelli said. "We're told it is little bit more yellow than Stacker 2 product actually is."
In addition, a search warrant executed at Huerta’s residence turned up handguns, ammunition, a bulletproof vest, controlled dangerous substances—hundreds of drugs for which Huerta had no prescriptions, including Ecstacy—and approximately $63,000 in cash.
“We at NVE Pharmaceuticals are vigorously pursuing and prosecuting anyone who copies or otherwise counterfeits our products,” said Robert Occhifinto, owner of NVE Pharmaceuticals. “This investigation culminated in swift action against the individuals involved in the gross misuse of our nationally advertised Stacker 2 product line.” He further noted, to date, NVE has put 19 internet retailers on notice of illegal conduct, in addition to alerting eBay, Amazon, Google and Yahoo of these illegal activities. “We have filed seven federal actions against 23 individuals and businesses involved in illegal conduct throughout the United States,” he said. “We are in the process of filing 15 more federal actions. We have reported all suspect conduct to the Food and Drug Administration and are working closely with state and federal authorities to pursue all criminal conduct involving the illegal sale or misuse of any NVE product. I fully expect that other arrests will be forthcoming.”
