FeelGood Natural Health Stores Ltd. (FeelGood) pleaded guilty Monday to one count of violating the Lacey Act by knowingly transporting and selling harp seal oil capsules violating the Marine Mammal Protection Act (MMPA), officials stated.
The MMPA makes it unlawful to transport or sell any marine mammal, including harp seals or products, for any purpose other than public display, scientific research, or enhancing species’ survival, according to authorities.
According to the plea agreement, FeelGood is a Canadian corporation located in Whitby, Ontario, Canada.
Between April 2019 and May 2021, FeelGood offered harp seal oil capsules on its webpage and a third-party platform for sale in the United States.
It did so even though its website on the third-party platform acknowledged, “NOT ship to USA,” and though FeelGood received a notice that the federal government had seized some shipments for violation of the MMPA, officials stated.
Nevertheless, FeelGood shipped at least 936 bottles of capsules valued at over $10,000.
FeelGood either shipped purchased items directly from Canada to the customer in the United States (in some instances, a covert U.S. Fish and Wildlife Special Agent) or shipped the items from or through fulfillment centers run by a third party in the United States, officials stated.
“Our wildlife laws were passed to ensure the continued existence and enjoyment of these natural resources for future generations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Those who deliberately exploit marine mammals for commercial purposes in U.S. markets in violation of our wildlife laws will be criminally prosecuted.”
FeelGood faces a maximum sentence of a fine of $500,000 and five years’ probation.
According to the plea agreement, the parties agree to recommend a fine of $20,000 and three years probation, during which FeelGood must create and implement a compliance plan, train its employees, obtain any necessary licenses, and cooperate fully with the government.
Sentencing is scheduled for Sept. 28.
The Lacey Act prohibits trafficking in fish and wildlife or plants taken, possessed, transported, or sold violating underlying federal, state, foreign, or Indian Tribal law.
The Lacey Act also prohibits making or submitting a false label, record, or account of fish, wildlife, or plant that has been or is intended to be transported in interstate or foreign commerce.
The U.S. Fish and Wildlife Service Office of Law Enforcement investigated the case.
The Environment and Natural Resources Division’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of Michigan prosecuted the case.