The defendants were charged with multiple offences under the Food and Drugs Act relating to the sale, importation, and advertising of 1-(Phenylmethyl) Piperazine (BZP), a synthetic substance sold under brand names including Freq, Peaq, Rush, Rush 2, Spun, and Flow.
The Crown alleged the defendants sold these products without proper drug identification numbers (DINs), without filing new drug submissions, and without proper labeling.
The defendants argued that Health Canada had not determined BZP was a drug during the relevant timeframe and that the charges were duplicative.
The court found that the Crown proved the actus reus of the offences beyond a reasonable doubt, that Adam Wookey was the controlling mind of Purepillz Corporation, and that Health Canada had clearly identified BZP as a drug subject to regulation from at least April 2008 onward.
The court convicted on counts 1-6, 8-13, 29, and 33, and stayed counts 15-20 and 22-27 as duplicative under the Kienapple principle.
All charges against Pure Principles Inc. were dismissed due to insufficient evidence.