The Attack on Industry Continues as Newsday Proclaims “Problems Persist in Supplement Industry”

Dietary Supplements,FDA,Regulatory

This weekend’s Newsday featured an article lamenting the perceived under-regulation of dietary supplement companies.  Citing contaminated products and discussing the “poisons” in supplements, the article is sure to alarm consumers.  However, the reality is that dietary supplements are heavily regulated, and the vast majority of supplements are no more harmful than any other food.

The statement that the Dietary Supplement Health and Education Act “restricts the FDA from exerting authority over supplements as long as manufacturers make no claims about preventing or treating disease” is patently false.  There are literally over one thousand pages of laws, regulations, and guidances devoted to dietary supplements.  Congress and federal agencies like the Food and Drug Administration (“FDA”) and the Federal Trade Commission set out strict mandates ranging from good manufacturing practices to supplement safety.  In fact, prior to marketing a product, a manufacturer must ensure that its supplement is safe.  If it’s not, FDA has the authority to take action against the company.  So when we see a dangerous supplement on the market, we should be blaming the law-breaker, not the law itself.

These law violators are not confined to the dietary supplement industry, as recent news reports might make it seem.  It is undoubtedly unfortunate when a corner-cutting company sells a tainted supplement.  However, it’s equally reprehensible for a farm to sell listeria-contaminated cantaloupes, killing thirty-three people in 2011.  And the cause of nine deaths in 2008 and 2009?  Salmonella from tainted peanut butter.  It’s irresponsible companies, not under-regulation of dietary supplements, behind recent public health crises.

Regardless, it seems that responsible supplement companies will continue to experience heightened scrutiny of their manufacturing and quality-control practices for the foreseeable future.  If you or anyone you know has any questions about the legal issues surrounding supplements, or needs legal counsel in this complex area, call us at 516-294-0300.

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