Enforcing current supplement laws - dc updates - dietary supplements

Better Nutrition, Jan, 2003 by David R. Seckman

A legislator's vision, destined to become a bill and perhaps even a law, must travel down a long and tortuous road before the average consumer needs to adapt to it. Most bills, despite being introduced with much ballyhoo by their sponsors, never make it onto a hearing calendar or out of committee before their lives are cut short by the end of a congressional session.

So when we at the National Nutritional Foods Association (NNFA) hear that legislators are proposing changes to dietary supplement regulations, we take it seriously--even though we know that proposed changes won't come easily. To needlessly alarm our members or consumers about a threat that's unlikely to materialize would be both irresponsible and counterproductive. Given that context, I want to alert you to perhaps the single most credible threat the supplement industry has faced since the Dietary Supplement Health and Education Act (DSHEA)--the federal oversight law for dietary supplements--was passed in 1994.

In the past few months, two separate Senate hearings that focused primarily on the herbal product ephedra have been broadly critical of the adequacy of DSHEA in regard to consumer health and safety. During the latest hearing, held in October 2002, Sen. Richard Durbin (D-Ill.) said, "It's clear to me that DSHEA doesn't protect American consumers." As he had in a previous hearing in July 2002 concerning ephedra and weight loss, Durbin outlined steps he would take, including modifying the current definition of supplement categories "to highlight the differences between vitamins and minerals, potent herbal products that act like drugs and animal derivatives."

Depending on your perspective, some of these suggestions may seem reasonable to you. Some even seem reasonable to us. What is unreasonable is the suggestion that current regulations are inadequate, and more legislation is needed. The problem isn't the law itself, but the implementation of that law by its chief regulatory body, the US Food and Drug Administration (FDA). Even Sen. Durbin, who was unstinting in his criticism of the dietary supplement industry, recognized that the FDA is taking too little action too late.

But herein lies a peculiar belief of legislators everywhere: If a law isn't being fully implemented because a regulatory body is either unable (due to lack of funds) or unwilling (due to philosophical or political differences) to implement it, then more legislation needs to be passed. Attempts to address the issue by increasing funding or compelling an agency to act are typically abandoned in favor of more legislation.

In other words, if the law we currently have isn't enforced, let's create more laws. This makes about as much sense as giving an over-worked employee even more work as a means of improving quality and productivity.

Since Congress has already adjourned for 2002, the real action is likely to begin in early 2003. Our concern is that any modification to the current law could result in entire categories of supplements being pulled from the market, even those whose safety or effectiveness have never been in question.

Because Durbin will need the support--and votes--of his fellow members of Congress to bring about any changes to the law, we believe education is our first line of defense in protecting DSHEA. Each year on Capitol Hill in Washington, DC, we hold an annual lobbying event called Natural Foods Day where our members educate their senators and representatives about the important health benefits of dietary supplements. This year, we'd like to invite you--the dietary supplement consumer--to join us.

NNFA's Natural Foods Day in March 2003 will provide you with the chance to present your opinions to lawmakers. NNFA will introduce you to the members of Congress who champion the natural products industry. Past attendees include Sens. Orrin Hatch (R-Utah) and Tom Harkin (D-Iowa), and Reps. Dan Burton (R-Ind.) and Dennis Kucinich (D-Ohio).

For more information about participating in Natural Foods Day 2003, call 949.622.6272, ext. 235, or email legislative@nnfa.org.

David Seckman, CEO for the National Nutritional Foods Association, writes about political issues affecting consumers.