by David R. Seckman
The Power of Grassroots:
Let Your Voice be Heard and Protect Your Access to Dietary Supplements
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Dietary
Supplement Safety
Act of 2003 (S. 722)
Although on the
surface this bill
appears to target
stimulants and
certain performance
enhancing products
for more regulation,
nearly all
vitamins,
minerals,
herbal products
and other
supplements
could also be
subjected to a level
of scrutiny that we
believe is both
unwarranted and
unnecessary.
To come under
scrutiny, any dietary
supplement that
receives even one
complaint could be
removed from the
marketplace.
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The continually declining voter
turnout at both national and
local elections is testament to
the fact that we as citizens are
becoming more apathetic and
more disaffected with the political process.
The idea that “one person can’t
make a difference, so why
bother trying?”
needs to be expunged from our collective consciousness
and it has to happen now. The reason is
that a law created from one of the greatest
grassroots efforts of all time is now in jeopardy.
To do nothing and to see this law
overturned would have a detrimental impact
on the health of all Americans.
I’m talking about the Dietary
Supplement Health and Education Act
(DSHEA) of 1994, a law that inspired hundreds
of thousands of letters of support from
consumers across the nation. Although
this law, commonly referred to as
“DSHEA,” was ultimately passed
by unanimous vote of Congress, its
passage was not won without a long
and hard fight. DSHEA was opposed
by certain special interest groups,
some very well-funded and powerful.
In fact, the battle for DSHEA has often
been likened to the proverbial one
between David and Goliath. And just
as in that battle, the determination of
the little guy, represented by an
outnumbered and underfunded coalition
of natural product retailers, supplement
suppliers, and most importantly the
American public, won the day to see
DSHEA become the law of the land.
But now, almost 10 years later, the gauntlet
has been thrown by Congress in the most
significant challenge to DSHEA since its
inception. A new bill called the
Dietary Supplement Safety Act
of 2003 (S. 722) has been introduced
in the U. S. Senate. Despite
its title, it would allow no more
consumer protection than current
law—DSHEA—already provides. It
would, however, significantly undermine
many of the freedoms that
American consumers of dietary supplements
hold dear.
Press materials from the sponsor of
this bill, Sen. Richard Durbin (D-IL),
would lead one to believe S. 722 is really
just about ephedra. Indeed, it is mentioned
18 times in one press release and in its headline.
However, the bill itself contains not a
single mention of ephedra. This legislation
has been written so broadly that it would act
like a shotgun, hitting not just its ostensible
target ephedra, but all dietary supplements.
Although on the surface this bill appears
to target stimulants and certain performance
enhancing products for more regulation,
nearly all vitamins, minerals, herbal products
and other supplements could also be
subjected to a level of scrutiny that we
believe is both unwarranted and unnecessary.
To come under scrutiny, any dietary
supplement that receives even one complaint
could be removed from the marketplace,
regardless of whether the product was used
under conditions cautioned against by the
manufacturer on the label. Products that
have been used safely for hundreds—and in
some cases, thousands—of years would be
subject to clinical evaluation using standards
that are at the complete discretion of the
Food and Drug Administration (FDA).
By almost every measure, and by a wide
margin, dietary supplements can be used
more safely than conventional foods and
OTC drugs. Yet this legislation exempts
foods in these product categories from being
classified as stimulants. Specifically, the bill
unfairly excludes the most common “stimulant”
ingredient in foods—caffeine.
This bill has been sent to a committee for
review and recommendations but could be
added to existing Senate legislation at any
time, such as a funding or “appropriations”
bill. We need you to take two vital steps
immediately (once you finish reading this
article, of course). One is to let your senators
know that you oppose this S. 722 and the
second is to let them know you’re in favor of
another piece of legislation that will go a
long way to silence the critics of DSHEA,
which I will describe next.
You may remember that Sen. Orrin
Hatch (R-UT) and Sen. Tom Harkin
(D-IA) were cosponsors of DSHEA. Now they’ve introduced a bill that will provide the
Food and Drug Administration with the
resources it needs to fully implement their
law. Called the DSHEA Full Implementation
and Enforcement Act of 2003 (S. 1538), this
bill would not only provide the FDA with the
funding it needs to ensure DSHEA is carried
out as Congress intended but it would
increase funding for the National Institutes of
Health’s Office of Dietary Supplements,
which was created by DSHEA to expand
research and provide consumer information
on dietary supplements.
The DSHEA Full Implementation and
Enforcement Act would appropriate a total of
$205 million to the FDA over the next five
years, beginning in 2004, with $20 million and
increasing annually. This funding, which is
specifically earmarked for implementation of
DSHEA, more than doubles the amount
appropriated in 2003 for the same purpose.
The bill also requires the FDA to submit a
written report to Congress each year detailing
how the agency is using its resources to regulate
supplements.
We believe the passage of Hatch and
Harkin’s bill will take away the FDA’s oft-used
excuse of not having adequate resources to
uphold supplement regulations. If the FDA
were to be more proactive in enforcing
against those few companies that irresponsibly
manufacture and market supplements,
bills like Sen. Durbin’s would not be able to
claim a foothold and industry critics would
have little ammunition to agitate for change
to DSHEA.
To help industry members and consumers
alike combat this legislation,
the National Nutritional Foods
Association (NNf A) has launched an online
Advocacy Action Center on its Web site,
www.nnfa.org. One click from the NNf A
home page takes users to a wealth of information
on current bills with potential to affect
access to dietary supplements as well other
natural health products. The center allows visitors
to check the status of bills and take
action for or against them by submitting
online letters to lawmakers right away. (Since
regular mail to members of Congress is now
routed through Ohio and New Jersey in the
wake of the anthrax scare, letters often don’t
reach their destination for weeks or months.
For the majority of legislators, e-mail is now
the preferred form of communication.)
You can also download the Advocacy
Action Pack, which contains materials to help
you in your advocacy efforts. The “Grassroots
Action Team Manual” provides you with the
tools you need for effective local-level lobbying.
In addition, you will find congressional
“leave-behind” materials to give to your representatives
and senators to help better educate
them about the dietary supplements and natural
products industry.
Let me emphasize that these materials are
not just for NNf A members. These materials
are free to any visitor to our Web site.
Additionally, we protect the privacy of all visitors
who use our Advocacy Action Center.
We believe the issues represented in our center
surpass any potential marketing effort and we
want to ensure visitors there to feel free to
voice their opinions.
In the words of one of DSHEA’s greatest
congressional champions, Rep. Dan Burton
(R-IN), spoken at my organization’s most
recent lobbying day in Washington, D.C.,
“Don’t be complacent” and “do everything
you can” to protect DSHEA.We’ve made it easier
than ever to become involved and make a
difference. Help us help you in the fight to
protect your health freedoms.
David Seckman is executive director and
CEO of the National Nutritional Foods
Association, the nation’s oldest and largest
trade organization representing retailers and
suppliers of natural products. .
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