Prison term for retired doctor William Merlino. What did the 85-year-old do?
PHILADELPHIA – An 85-year-old South Jersey man has received a prison term for selling misbranded drugs online and obstructing justice, authorities say.
William Merlino, a retired family doctor from Mays Landing, made about $54,000 by selling a purported weight-loss drug that is not approved for human consumption, according to the U.S. Attorney’s Office in Philadelphia.
One of Merlino’s customers, identified only as a resident of the United Kingdom, died as a result of taking the drug, the federal prosecutor’s office said in a statement.
It also alleged Merlino faked a diagnosis of pancreatic cancer, including forged medical records, to delay his trial.
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Merlino has been held in custody since the attempted obstruction was discovered in January 2022, the statement said.
Merlino's attorney, Robert Gamburg of Philadelphia, had sought a sentence of time served, calling Merlino "a beloved and respected physician" who thought DNP was "a good product."
But a federal judge in Philadelphia imposed a 33-month term, with one year on supervised release.
Fat-burner pills held chemical for herbicide
The chemical sold by Merlino — 2,4-Dinitrophenol (DNP) — has industrial and commercial uses, including as a herbicide and wood preservative.
It was used as a weight-loss drug in the 1930s before federal drug-safety laws took effect, but was known for “significant adverse side effects, including dehydration, cataracts, liver damage, and death,” the statement said.
The U.S. Food and Drug Administration has called DNP “extremely dangerous and not fit for human consumption,” according to a December 2019 indictment.
Merlino used Twitter to advertise his “fat burner” drug, eBay for sales, and email to communicate with hundreds of the customers in the United States, Canada and the United Kingdom, the indictment said.
He labeled the drugs “not for human consumption” or as fertilizer, despite knowing they were to be used for weight loss, it added.
William Merlino misbranded drugs to avoid scrutiny
“He did this to avoid regulatory scrutiny because he knew that it was illegal to distribute DNP in the United States for a drug use,” said the indictment.
Investigators found bulk DNP, packaging and pill-making materials at Merlino’s home, where he operated the business from at least November 2017 until March 2019, it said.
Merlino delayed a pending trial for months after presenting the false cancer diagnosis in August 2021.
“When the obstruction was discovered in January 2022, he was charged with obstructing justice and detained,” the statement said.
He was convicted at trial of the misbranding charge In August 2022, and admitted guilt to obstruction in January.
A trial witness said Merlino was known to workers at a shipping service as “the yellow man” due to dust from the chemical on his clothing and body.
Jim Walsh is a senior reporter for the Courier-Post, Burlington County Times and The Daily Journal. Email him at jwalsh@cpsj.com.
This article originally appeared on Cherry Hill Courier-Post: William Merlino gets prison term for selling DNP as fat burner drug
