This is yet one more way in which the FDA uses police state powers to bulldoze makers of vitamins, medicinal herbs or nutritional supplements who try to resist the oppression of this rogue federal agency. Let's put this in perspective: while pharmaceutical companies are lying about their drug trials, burying negative results in order to make sure the FDA doesn't see them, hyping dangerous drugs to the public that kill 100,000 Americans each year, and creating a drug import blockade by suppressing sales of cheaper drugs from Canada, the FDA somehow doesn't mind any of that. All crimes committed by pharmaceutical companies, it seems, are perfectly fine with the FDA.
But when a nutritional supplement manufacturer tries to stop the FDA from steamrolling a product containing an ingredient that has been safely used for literally thousands of years -- ephdra -- that company is suddenly considered criminal, and its CEO is brought up on charges.
I'd say the FDA is very selective in its criminal investigations. This is clearly a grudge case where the agency is trying to bankrupt a company it doesn't like. Pharmaceutial companies are right now getting away outright criminal activities -- not just under the nose of the FDA, but often with the FDA's blessing and cooperation! For example, it is the FDA that's fighting alongside Big Pharma to monopolize the U.S. drug market and ban drugs from Canada, much to the financial harm of U.S. taxpayers.
Now, I'm no fan of Metabolife's products, and I don't necessarily recommend them as a good way to lose weight. I'm sure they work for some people, but I've never been a fan of taking stimulants. However, as far as I'm concerned, Metabolife shouldn't have to defend itself against the oppression of a federal agency that's clearly out to destroy the nutritional supplements industry. If there's any crime being committed here, it's the criminal actions of people at the FDA who continue to ignore blatant criminal activites by the pharmaceutical industry while going after much smaller nutritional supplement makers in an effort to wipe out or regulate the industry.