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Last summer, Senator Orrin Hatch (R-Utah) and Senator Tom Harkin (D-Iowa) introduced legislation to increase funding in an effort to enable the US Food and Drug Administration (FDA) to completely implement the Dietary Supplement Health and Education Act (DSHEA), a bill they co-authored in 1994. The DSHEA Full Implementation and Enforcement Act (S. 1538) would provide the FDA with the money it needs to ensure the original law is carried out as Congress intended. It would also up the budget for the National Institutes of Health's Office of Dietary Supplements, which was treated to expand research and provide information on dietary supplements.
The FDA has often been criticized by members of Congress for inaction when it comes to enforcement of dietary supplement regulations. Passage of this legislation would take away the agency's ability to plead lack of resources when it comes to implementing law, and would, I hope, encourage the FDA to act when appropriate.
The DSHEA Full Implementation and Enforcement Act would appropriate a total of $205 million to the FDA over the next 5 years, beginning in 2004 with $20 million and increasing annually. This funding, which is specifically earmarked for implementation of DSHEA, would more than double 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 think this bill is a win for both the dietary supplement industry and consumers because it helps to eliminate the bad apples who've tarnished the industry's reputation. Part of this tarnishing comes from the controversy surrounding an herb called ephedra. This popular herb, commonly used for weight loss, is probably in the news more than it is out, and usually not in a good way. Ephedra, or mahuang as it is often called, has been continually questioned for its safety and efficacy over the past few years. As I reported 3 months ago (BN, July 2003), the FDA is weighing the evidence for and against ephedra and will issue a determination on whether or not it presents a hazard to public health.
It has become commonplace in Washington recently for lawmakers to use the ephedra controversy as a tool to begin dismantling DSHEA. In the past year, we've seen several hearings in both the House and Senate that have used ephedra as a springboard to attack this law. Rather than being treated as a unique case, ephedra is being used to raise a whole host of larger concerns about supplements--whether such concerns are justified or not.
This became crystal clear in two hearings held by a ...