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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 ...