Some brands sold over-the-counter were found to contain more yohimbine per serving than a standard pharmaceutical dose; yet, in the US, pharmaceuticals are subject to the strict regulatory regime pertaining to medicines. It is illegal to introduce or deliver "drugs" into interstate commerce without the permission of the FDA. The FDA has asserted that some yohimbine-containing products are "drugs" because they are so promoted as to show "they are intended for use in the cure, mitigation, treatment or prevention of disease": 21 U.S.C. § 321(g)(1)(B). However the legal position is not entirely straightforward, and as of 1 February 2019 there does not appear to be any record of a successful prosecution.