A man has been sentenced to 37 months in prison after admitting supplying a potentially lethal drug as a weight loss supplement, in a landmark conviction.
Jamie George, 32, from Denny pleaded guilty to a charge of culpably and recklessly supplying the public with 2,4-dinitrophenol (DNP) for human consumption knowing the substance was unsafe, injurious to health and potentially lethal if ingested, doing all of this to the danger of life.
He was sentenced to four years in prison, with 11 months removed because he pled guilty at the First Diet hearing, avoiding the need for a trial.
An investigation by Food Standards Scotland and Police Scotland found George was importing the drug, which is a pesticide, from China and manufacturing capsules in his garden shed in Falkirk.
George is believed to have been producing around 10,000 capsules of the drug, which has been associated with 33 deaths in the UK and two in Scotland, per month and selling them as far afield as the USA and Australia.
Sentencing George, Sheriff Derek Hamilton said: "You have been involved in the supply and sale of this extremely dangerous substance for a period of more than four years. You continued your operation, notwithstanding visits from the authorities in 2018, and being arrested that year. You did that well in the knowledge of the dangers that DNP presented to those who consumed it. You had no regard for the safety of those you were supplying.
"I do not believe you have shown any remorse. You claim to have only recently discovered the dangers of this substance and as a result you have put certain measures in place in your gyms. The evidence is clear, you knew some years ago of the dangers to all of those persons you supplied this substance to. Even with that knowledge you continued to put people’s lives at risk."
His conviction marks the first time a person in Scotland has been successfully prosecuted for selling DNP.
The drug was described by a judge in 2020 as being “close to cyanide in terms of its toxicity”, with a study the following year putting its fatality rate at 11.9%.
Read More: Weight loss 'drug' explained as man convicted for sale
It is used in the bodybuilding community and by those seeking rapid weight loss as a supplement. DNP raises the metabolic rate of the body, causing it to burn fat more quickly, but ingesting it is frequently fatal.
The increase in metabolic rate causes an excessive rise in body temperature which can lead to fatal hyperthermia, and even if a person taking it survives they can be left with severe organ damage, cataracts, skin lesions and heart issues.
While it’s perfectly legal to sell DNP for its intended use as a pesticide, selling it for human consumption is illegal.
George was found to have sold the drug via social media and the dark web, as well as using connections in a gym he worked at.
Ron McNaughton, head of the Food, Crime and Incidents Unit at Food Standards Scotland said: “Even small doses could end up being lethal. When I say small doses I’m talking about two capsules.
“With minor doses it could be severe sweating, nausea, rapid breathing, rapid heart rate. In more serious cases you can go into a coma, you can have multi-organ failure, you could have cardiac arrest – you could die, basically, that’s the bottom line.
“The bottom line is that if you are one of those individuals under pressure, whether that be a bodybuilder or you have issues with your body image, if you feel under pressure to lose weight rapidly and you’re offered something that will get you that effect and the dangers aren’t flagged up to you…
“Something like a third of people who were surveyed said that if someone offered them something to lose weight rapidly they’d consider it. That’s fine, but would you consider it once you were aware of the dangers and that the stuff could kill you?
“I think it hits home for anyone who’s got children, it’s a huge worry that they would get involved in this, or drugs.
“Ultimately this stuff can kill you, it has killed, it isn’t safe. We’ve had two deaths in Scotland and we need to make sure there aren’t any more.”
DNP can also be explosive under the right conditions, meaning George’s activities were putting postal workers and others in danger.
David MacGregor, a Detective Chief Inspector with Police Scotland said: “It does come under the Explosives Regulations Act, so in the transportation of that if it’s getting moved through the postal service it’s putting the postal service and anyone involved in that transportation at risk.
“If it’s not handled correctly it can be explosive so one of the challenges we had in terms of the investigation was ‘what do we do with that, how do we store it?’.
“For example, if it’s stored at excessive temperatures it could become explosive and risky to be around. Also if it’s condensed very quickly it can be explosive, so we had to consider how we stored it, could we store it, how do we do it safely?”
From October 1 DNP will be reclassified as a poison, meaning it will only be legal to sell to someone with a licence which demonstrates they have a legitimate reason to acquire it.
Mr MacGregor said: “It’s crucial that if a family member starts mentioning taking a pill to reduce weight through DNP they understand the risk and loved ones can say: ‘I’ve heard about this, I’ve seen it in the media, you don’t want to go down that road’.”
Reacting to the sentencing Mr McNaughton said: "Jamie George's sentencing today sends a clear message that there are consequences for those individuals who are prepared to put peoples’ lives at risk in order to profit financially from the supply of DNP.
"It also highlights the importance of the continuous collaborative work being undertaken by the SFCIU, as well as local authorities such as Falkirk Council, and Police Scotland to keep people safe.
If you suspect someone of supplying DNP you can call the Scottish Food Crime Hotline on 0800 028 7926 or email dcrime@fss.scot to speak to a food crime member in confidence.
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