I made this post in another thread, but it fits here:
Pursuant to U.S.C., 21 §§ 331 (a) (c) (d) and (k) these companies were in clear and knowing violation of the law, however corrupt you may feel it to be. Subsequently and (again) knowingly, these companies were thus subjected to the penalties and seizures contained in U.S.C., 21 §§ 333 and 334.
A compound not on the "banned list" is still subject to regulations concerning the manufacture, sale, distribution and labeling of drugs, devices and dietary supplements pursuant to the provisions of the FD&CA.
None of this should be shocking and/or the cause of so much uproar: these companies, of whomever they may be comprised, knowingly produced, sold and distributed (pseudo)illegal substances fully cognizant of the possible penalties attendant thereto. All this jostling over the specific legalities (see: separate from the normative musings on the subject) is quite silly.
It was, is, and will continue to be in the future, illegal to manufacture, process, package, distribute and sell new drugs and/or drug-like compounds without approval.
We should all keep in mind that, at least technically, this is not an egregious abuse and/or showing of power by the Agency; in fact, it is completely legal and was not without [...four written explicit...] warnings to BB.com. They were given ample time to cease sale of these products, and chose not to.