actionalert Opinion Editorial
Dietary Supplement Industry at Risk
by Jonathan Emord, Esq.
The U.S. Food and Drug Administration is poised to remove 20 to 30 percent of existing food supplement companies from the market, force a rise in prices and eliminate the availability of most, if not all, herbal supplements.
T
he most basic of hu- man rights
is that of self-
government over our own bodies, especial- ly regarding individ- ual choice over what nutrients to ingest and treatments to receive to sustain optimal health. Today, federal and state regulatory agencies constrict those rights
by limiting our choices. Those restrictions on freedom are destined to continue.
Recent examples include state dietitian licensing bills, global censor- ship of health information, and the Food Safety Modernization Act (FSMA; S. 510/HR 2751). Dietitian licens- ing bills designate those licensed by the American Dietetic Association as nutritionists and the sole dispensers of nutritional advice and recommenda- tions. Global censorship of nutrient-re- lated disease treatment information by all Western governments that regulate drugs works to preserve a monopoly on therapeutic claims for drug compa- nies. The Food Safety Modernization Act requires that all companies that make food and dietary supplements
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be registered with the federal government for the first time, deprives those
companies of access to the courts in favor of administrative tribunals, and forces those companies to pay for mandatory federal investigations. With passage of FSMA, which made every food and dietary supplement
company operating
in the United States subject to Food and Drug Administration (FDA) licens- ing, the regulators’ decades-old dream of ridding the market of supplements and leaving the field to FDA-approved drugs is closer to realization than ever before. The FSMA comes atop aggres- sive FDA implementation of new and costly current good manufacturing practice (cGMP) regulations, posi- tioning the agency to regulate every aspect of supplement production. Will the public awaken to the threat and compel the FDA to back down, or will the agency succeed in eliminating safe supplement products, to the detriment of the consuming public?
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