Supplement Regulating - Is It A Good Idea?
Under the Adverse Event Reporting (AER) bill before
Congress, dietary supplements could eventually
be taken off the over-the-counter status. In this
day of offhand and frivolous lawsuits, Congress
is poised to pass legislation that would allow
private citizens to sue the supplement manufacturers,
and possibly the marketplaces as well, for health
related issues allegedly caused or aggravated
by dietary supplements. Industry reporting of
“adverse events” in a very formal way would
also be a part of this package, much more complicated
and detailed than that of the present requirements.
The industry and the distributor could be held
responsible in a court of law for the use or abuse
of these supplements. This is akin to suing the
butcher because I choked on a piece of steak,
or maybe suing my barber because I’m not on
the cover of G.Q. magazine. Ridiculous!Given the
circumstances of the proposed legislation, it
may be fair to say that the parties responsible
in bringing this issue out into the public and
legislator spotlight are misguided, misinformed
and ignorant. They fail to see the big picture,
and the big picture is that the nutritional supplement
industry will possibly be decimated with the passage
of this bill. Along with
Congress’ arrogant “bull in a china shop”
attitude toward “protecting” the private sector,
they are on course to remove our freedom of choice
in health-related matters. Another real danger
here is that the legislators are apt to accept
the currently proposed AER bill because certain
entities (Senator Dick Durbin) have threatened
to re-introduce the issue upon defeat and include
increasingly damaging restrictions to affect the
industry. This is not about our protection. It
is really about obtaining votes from an uninformed
public by politicizing a nonexistent danger.The
AER bill before Congress is not a new issue. A
very similar bill was defeated before the California
Assembly in August of 2004. Many of the aforementioned
reasons logically came into debate at that time.
Wisely, the bill was seen for what it really is
and was soundly turned away.
The recent reasoning in Washington is that State-by-State
regulating of nutritional supplements is practically
non-existent, and when given the opportunity,
as in California in 2004, “small-time” lawmakers
from these States will completely botch the chance
to adequately “protect” the average clueless
consumer from this “real danger”.Despite the
resistance from Robert Brackett, director of the
Center for Food Safety and Nutrition (CFSAN) at
the Food and Drug Administration, Washington presses
on. Mr. Brackett stated, in so many words, that
there is existing and sufficient regulatory authority
already in place through the Dietary Supplement
Health and Education Act (DSHEA). He further stated
through testifying before Congress that the current
administration has no plans to change current
policy.
He believes in the rights of the private citizen
to make their own informed health choices when
it comes to supplements.The general manager for
NSF International, Kathleen Jordan, testified
at the same hearing before Congressional lawmakers
that the development of the Dietary Supplement
Certification Program speaks volumes for informing
and allowing consumers adequate protection from
the unregulated sale of supplements. The non-profit
and non-government organization is leading the
way in sane and fair ideas like the recently developed
NSF/ANSI Standard 173, which ensures proper nutrient
count and identification of contents.
On one point,
everyone seems to be in agreement. That is, tighter
control of anabolic steroids that were once contained
in products marketed as ”sports supplements”.
The misuse of the term “supplement” in this
case is one of the reasons that people are confused
on the difference between dangerous substances
like steroids and harmless nutrient supplements
like vitamins, minerals and herbs.Most people
who take vitamins and supplements are on their
self-imposed schedule that is usually based on
the recommended daily allowance (RDA).
I take vitamins and supplements every day and
the amounts I take are based on the RDA, and the
recommendations of my physician. In other words,
I have supplements in my system all the time,
as I routinely stay on schedule with this. If
I were to believe that RDAs of vitamins, minerals
and herbs would adversely affect my health in
any way, I would stop taking them immediately.
Many people that hear of this bill before Congress
are going to believe that a real danger does exist
just because it is at issue.
Others, who inevitably
experience failing health in one form or another,
will also remember that a dietary supplement debate
raged on for years.If the outcome of the legislation
is to allow frivolous lawsuits to ensue, they
will surface, even if the supplements have absolutely
nothing to do with their ills. The eventual outcome,
sadly, is predictable.
Every ailment known to man will be blamed on
these harmless supplements, the industry will
be forced to regulate in order to protect their
bottom line, and you won’t be able to get dietary
supplements without a prescription from your MD.
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