HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Skyler Garman, age 35, of Grantville, Pennsylvania, was sentenced to one year probation by United States District Judge Keli M. Neary for one count of conspiracy in connection with the distribution of misbranded drugs and one count of conspiracy to commit money laundering. Judge Neary also ordered Garman to forfeit $180,000, which were his proceeds from the offenses. According to United States Attorney Brian D. Miller, Garman admitted that from 2019 to 2021 he conspired to distribute and did distribute in interstate commerce both selective androgen receptor modulators (SARMs) and selective estrogen receptor modulators (SERMs), knowing that it was unlawful to do so under the Federal Food, Drug, and Cosmetic Act. Garman knew that it was unlawful under the Federal Food, Drug, and Cosmetic Act (FDCA) to either (1) distribute in interstate commerce any new drug that had not been approved by the Food and Drug Administration (FDA) or (2) to introduce into interstate commerce any drug, or a dietary supplement, that was misbranded. Under the FDCA, “misbranding” could occur, among other ways, through false and misleading labeling and, in the case of a prescription drug, if it was dispensed without a valid prescription from a licensed medical professional.
During that time period, products containing SARMs were often illegally marketed and sold for body-building purposes. Athletes and bodybuilders who desired the muscle-building effects of anabolic steroids turned to products collectively called selective androgen receptor modulators (SARMs). SARM products were synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids, and they were originally developed by drug companies as an alternative to anabolic steroids for people who suffered from age and disease-related muscle loss. FDA did not, however, approve any of these products for therapeutic use. In 2017, FDA issued safety alerts about SARMs and warning letters stating that products containing SARMs were unapproved new drugs and misbranded drugs. Selective estrogen receptor modulators (SERMs) were a group of nonsteroidal compounds that had estrogen-like effects on some tissues but antiestrogen effects on other tissues. The SERMs class of drugs included branded drugs such as Tamoxifen, Exemestane, and Clomiphene. SERMS were also used by bodybuilders to counteract the unwanted side effects of performance enhancing drugs (PEDs), including synthetic steroids, anabolic steroids, and SARMs. These side effects were caused by the infusion of estrogen into the body, which could cause breast enlargement in men, fat deposits, and erectile dysfunction. SERMs were typically used by bodybuilders and other athletes after an individual stopped taking, cycling, or using performance enhancing drugs (PEDs).
Garman opened Body Science Supplements, a health and wellness store that sold vitamins and supplements, at or around Cumberland Street, in Lebanon, Pennsylvania, around March 30, 2019. Garman and an associate then used Body Science Supplements and associated product brands, including such as “Savior Research Sarms” and “Savior Research Serms,” to sell unapproved and misbranded drugs. Garman knew, for example, that SARMs would affect the structure and function of the body, such as providing “increased muscularity,” and knew that the products contained false and misleading labeling, such as “not for human consumption.” Garman and an associate provided advice to customers on SARMs and SERMs dosing, including in conjunction with performance enhancing drugs.
Garman, through Body Science Supplements and associated brands, sold over $2.2 million in products, the large majority of which was comprised of unapproved and misbranded drugs. These products were sold through the internet and shipped via U.S. Mail and private and interstate carriers. Garman used multiple bank accounts to conduct the business involving unapproved and misbranded drugs, including a business bank account in the names of Garman and another person. Once proceeds of these sales were in this business bank account, Garman and a co-conspirator then executed a series of wire transfers to other accounts, including personal accounts of Garman and an associate, and to pay for charges on a credit card.
Garman made over $180,000 in net profit from this unlawful activity."
The FDA is committed to protecting public health by ensuring that drugs marketed to American consumers are safe and properly labeled," said Special Agent in Charge Marie Maguire, FDA Office of Criminal Investigations, Metro Washington Field Office. "This case demonstrates the risks posed when individuals illegally distribute misbranded drugs that have not undergone the rigorous FDA review process. With our partners, we will continue to hold accountable those who circumvent federal drug safety laws for financial gain."
The Food and Drug Administration Office of Criminal Investigations and Assistant United States Attorney Ravi Romel Sharma are prosecuting the case. # # #