It had to happen - notes from our editor; future changes to Dietary Supplement Health and Education Act possible

Ten years after flat passage of landmark dietary supplement legislation, a revisionist movement is afoot in Congress. As David Seckman, CEO of the National Nutritional Foods Association, writes (DC/Updates, p. 56), "[F]ederal legislation and the generally negative attitude about dietary supplements in Congress is on the verge of changing the industry."

In 1994, the Dietary Supplement Health and Education Act (DSHEA) was signed by President Clinton. DSHEA designated dietary supplements as food--as opposed to drugs--and as such, allowed manufacturers to market supplements without prior consideration by the Food and Drug Administration (FDA). Industry self-regulation was DSHEA's underlying principle, although the FDA was empowered to act in cases of mislabeling or false or misleading claims. Since then, numerous industry backers have faulted the FDA for not effectively enforcing DSHEA. Indeed, late last year, the bill's original authors, Sen. Orrin Hatch (R-UT) and Sen. Tom Harkin (D-IA), wrote a bill (still in committee) that would give the FDA $205 million over 5 years for DSHEA enforcement.

The irony is that requires better enforcement because one of its effects was an outpouring of products--the misuse of which has tarnished tire industry's reputation. Among them are ephedra and androstenedione--the former may be on its way to a national ban, while the latter will likely be regulated under tire Controlled Substances Act.

Then there were companies--many on the Internet--that made outrageous clarets. Although coral calcium is all OK product, it won't cure the 400-plus maladies that a certain purveyor boasted it would on his Web site before the Federal Trade Commission tapped him on the shoulder.

Right now there are at least two bills in the offing that could significantly affect DSHEA. Which is one reason why the industry is fortunate to have David Seckman as its best and brightest representative. He speaks eloquently not only for manufacturers, but for consumers like you.

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