Weight loss pills sold online had a poisonous ingredient in them, feds say

In pill bottles labeled with a scorpion and a warning that the capsules are “not for human consumption,” authorities say an Oregon man sold weight loss pills on his site, ScorpionDNP.com.

Inside those purported pills, officials say they found a poisonous, unapproved additive called 2,4-Dinitrophenol (DNP), an ingredient used in explosives, dyes and pesticides. DNP was used in diet pills until 1938, when the Food and Drug Administration said it was “extremely dangerous and not fit for human consumption.”

Now, the 33-year-old accused of selling those homemade pills with DNP sourced from China has been sentenced to a year in federal prison.

Jonathan E. McGraw, of Newberg, was sentenced by a federal judge in Chicago after pleading guilty to “a federal charge of introducing a new drug into interstate commerce without approval,” according to a Nov. 22 news release from the U.S. Attorney’s Office for the Northern District of Illinois.

McGraw’s defense attorney, Michael Johnson, told McClatchy News this is an “extremely sad case.” McGraw had “no ill will,” Johnson said, and never wanted anybody to get hurt.

McGraw has plans to surrender, Johnson said, and will look forward to getting on with his life after the year-long prison sentence.

The investigation into DNP pills

The FDA began an investigation in summer 2017 after learning a 20-year-old Illinois man died from a DNP overdose in March of that year, according to court documents.

“According to his parents, the male had lost a significant amount of weight in the months leading up to his death and frequently complained of being hot,” the government’s sentencing document says. “In March 2017, his grandmother found him in his bedroom profusely sweating and convulsing. He was taken to the emergency room, where he told a nurse that he wanted to kill himself and had taken DNP pills for that purpose.”

It was not clear if the man originally bought the pills to lose weight, but officials say he is believed to have bought them after talking with “ScorpionDNP” on reddit.com.

Officials say McGraw sold the capsules to customers across the U.S. through ScorpionDNP.com and through postings on sites like Reddit.

The site listed capsules for sale, ranging from $0.75 per capsule for a 125 mg dosage to $2.40 per a 400 mg dosage, and authorities say Bitcoin was the only accepted payment. All buyers had to purchase a minimum of 40 pills.

“The website additionally included a calculator that allowed users to calculate ‘estimated weight loss,’” court documents say. “The calculator required users to input, among other things, their weight, dietary intake, DNP dose, and other information.”

Officials note the website also included links to downloadable pamphlets that explained the risks of DNP, including one that warned DNP is “by far the most dangerous drug available to dieters.” It also said overdosing means “you will absolutely 100% positively die” and “do not overheat or you will die.”

The sting

In October and November 2017, an undercover FDA agent bought two different shipments of capsules. Authorities say the pill bottles had no reference to an intended use of weight loss and did not mention containing DNP. Rather, it said the pills were to be dissolved in water and sprayed on plants to protect from pests.

After the first purchase, the agent says he emailed ScorpionDNP saying his wife “freaked out” after reading the label. Officials say McGraw replied, “My apologies, sir. The bottle is labelled with the legal use for DNP as it is illegal to sell DNP for human consumption.”

The two talked back and forth about using the pills for weight loss, and authorities say McGraw provided his dosage recommendations.

Around the same time, agents monitored his home and followed him as he took similar shipments to the post office. The government got a search warrant for one of the parcels, officials say, and testing confirmed the pills contained DNP.

With enough evidence, the government received a search warrant for McGraw’s home, where they found a laboratory in his garage and “significant quantities of DNP.”

In reviewing his electronics, officials say they found an April 2016 text message that McGraw sent to his brother. The text said, “I looked up the laws. With this new labelling it is completely legal for both parties involved. If it is seized, inspected, and even tested it is still legal.”

Between April 2016 and December 2017, officials say records show McGraw cashed in over $200,000 in Bitcoin. His gross sales are believed to be between $95,000 and $150,000 over more than 1,000 shipments and sales.

McGraw counters that he grossed about $30,000 in sales, though officials say that is “dramatically inconsistent with the other evidence presented.”

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