1. 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) Case No. 8:13-cv-1675-JMC ) v. ) ) 860 cases, more or less, of an article of food, labeled in ) part: ) ) (case) ) ) *** Lot # 420282 *** Exp. ***04/16*** 12-BT Per ) Case-90CT ***, ) ) (bottle) ) ) *** USPlabs OxyELITE Pro Super Thermogenic *** ) DIETARY SUPPLEMENT 90 capsules *** Proprietary ) Blend *** 1,3-Dimethylamylamine HCl, *** ) Manufactured for USPlabs, LLC (Dallas, TX 75220) ***, ) ) and ) ) 848 cases, more or less, of an article of food, labeled in ) part: ) ) (case) ) ) *** Lot # N02116-B*** Exp. 04/16 ***6-BT Per Case***, ) ) (bottle) ) ) *** USPlabs Jack3d *** DIETARY ) SUPPLEMENT *** 250g *** Proprietary Blend *** ) 1,3-Dimethylamylamine HCl, *** Manufactured for ) USPlabs, LLC (Dallas, TX 75220) *** ) 8:13-cv-01675-JMC Date Filed 07/26/13 Entry Number 7 Page 1 of 3

2. 2 and ) ) all other articles of food labeled as containing ) 1,3 Dimethylamylamine HCl (DMAA) or ) its chemical equivalent in various flavors, sizes, and ) forms and various sized containers ) ) that are located anywhere on the premises of General Nutrition Corporation, 4941 B Liberty Highway Anderson, South Carolina, to which are affixed labels ) bearing, among other things, the name and address of the ) manufacturer identified as USPlabs, Dallas, Texas, ) which is located outside the Commonwealth of ) Pennsylvania, ) ) Defendants. ) MOTION FOR CLARIFICATION AS TO WARRANT FOR ARREST IN REM Plaintiff, the United States of America, by its attorneys William N. Nettles, United States Attorney for the District of South Carolina, Leesa Washington and George Conits, Assistant United States Attorneys, respectfully files this unopposed Motion for Clarification. The Complaint filed in this case requested the arrest, condemnation, and disposal of dietary supplements located in the Anderson, South Carolina warehouse of GNC Holdings, Inc. containing the food additive DMAA (the Defendant Articles). In accordance with the Government's request in the Complaint, the Defendant Articles were seized because they were adulterated under the Federal Food, Drug, and Cosmetic Actspecifically because DMAA is an unsafe food additive. Subsequent to the seizure, GNC Holdings, Inc. offered to voluntarily destroy, at its expense, the Defendant Articles. The United States informed GNC Holdings, Inc. that this offer was acceptable. Therefore, the United States voluntarily dismissed the case on July 23, 2013. See ECF # 5. 8:13-cv-01675-JMC Date Filed 07/26/13 Entry Number 7 Page 2 of 3 3. 3 The Government intended with its voluntary dismissal that the seizure order would become a nullity and the products released for destruction. See In re Matthews, 395 F.3d 477 (4th Cir. 2005). For sake of clarity, and to facilitate the prompt destruction of products by GNC Holdings, Inc., the Government requests an order from the Court confirming that the warrant was vacated upon voluntary dismissal of the seizure action. A proposed order is attached. Respectfully submitted, WILLIAM N. NETTLES UNITED STATES ATTORNEY BY: /s Leesa Washington Leesa Washington Assistant United States Attorney 55 Beattie Place Suite 700 Greenville, South Carolina 29601 (864)282-2100 BY: /s George Conits George Conits Assistant United States Attorney 55 Beattie Place Suite 700 Greenville, South Carolina 29601 (864)282-2100 Dated: July 26, 2013 8:13-cv-01675-JMC Date Filed 07/26/13 Entry Number 7 Page 3 of 3