Winery, feds reach deal in elderberry case

? A federal judge has approved a settlement in a civil lawsuit filed by the government against a Kansas winery over claims about the medicinal benefits of elderberry juice concentrate.

U.S. District Judge Julie Robinson on Friday signed the consent decree hammered out by the Food and Drug Administration and Wyldewood Cellars of Peck. The move allows the winery to sell its product as long as it relabels it and removes from promotional materials any claims that elderberry concentrate cures or treats diseases.

Federal authorities raided the winery in June and seized bottles and drums of elderberry juice concentrate. Authorities contend the company’s claims of its benefits for treating various diseases made the product a drug.

Winery owner John Brewer said Friday the settlement frees up $50,000 worth of inventory that had been sequestered by the U.S. Marshals Service in a cooler at his Mulvane facility.

Under the settlement, Wylewood Cellars has five days from the entry of the decree to remove from all labels and promotional material any representation that elderberry juice products cure or treat diseases, then provide FDA with an affidavit of compliance.

Brewer must post a $57,100 bond before any material can be released, and the winery must pay all court costs and expenses, including those incurred by the Marshal’s Service.