Senate Bill 1538 - Stuffing the Pockets of the FDA Will Backfire

by Scott Tips

(NHF Legal Counsel)

October 25, 2003

 

As mentioned previously by the National Health Federation, Senator Richard Durbin (D-IL) recently introduced his so-called Dietary Supplement Safety Act (S.722) to address the hysteria created by the government and media over the false problem of dietary-supplement safety-particularly in the wake of the ephedra scare. Superficially reasonable, the bill calls for the industry to report "adverse events" to the FDA. Adverse events are any deaths or injuries associated with dietary supplements. Never mind that there are few adverse events to report or that millions of taxpayers' dollars would be spent to implement this needless law. Just remember that adverse events reported for a product could result in the more sinister purpose of that particular product being declared a health hazard and subjected to drug-like regulation. What a marvelous plan-get a few feeble-minded government sycophants and prescription-drug addicts to file adverse reports when "injured" by vitamins or minerals (or even just make them up) and then the Secretary of the Department of Health and Human Services can declare them dangerous drugs that must be regulated virtually as drugs.

Not content with this major intrusion, Durbin's bill would also reassign steroid precursors, which are not even properly defined, to the same schedule of illegal drugs as heroin and cocaine. Estrogen would be exempted, testosterone would not.  And "stimulant supplements "that speed up the body's metabolism, increase heart rate or cause the release of adrenaline would have to obtain drug-like pre-market approval from the FDA. So, Durbin's bill is not only a first step towards regulating dietary supplements as drugs, but it would do this in a discriminatory, sexist way.

But after the ignominy of seeing DSHEA passed, the FDA and its allies (or controllers) have become more clever in their strategy. Instead of betting all of their money on one bill, in this case Durbin's bill, they have seen to it that an "alternative" to the threat of the Durbin bill is available. This second bill, Senate 1538, has been introduced by Senators Harkin (D-IA) and Hatch (R-UT) with the claim that it will "fully implement" (remember that phrase from the FDA plan?) DSHEA by funding the FDA to the tune of more than 100 million dollars over a multi-year period. By claiming that S.1538 will "fully implement" DSHEA and tactically prevent S.722 from being passed, its proponents have unfortunately collected many supporters among the whole-foods industry. But the utter naivety in thinking that giving the FDA $100-plus million to implement its plan for DSHEA will somehow help the industry is astounding. Since when did giving government bureaucrats at FDA more money ever advance health freedom? You might as well provide more bullets to bank robbers to "fully implement" bank withdrawals.

The FDA is already well funded. We do not need S.1538 to argue that the FDA is adequately funded to enforce its view of DSHEA. All that needs to be done is to point to the existing overfed monstrosity and realize that the proper regimen for the FDA is dieting not further engorgement.

The beauty of the FDA's approach here is that, either way, it wins and we lose. Whether Durbin's bill passes or Hatch's bill passes, we lose. The real insult, though, is that the industry is actually being tricked into supporting the funding of its own hangman's noose! And the ultimate verification of what is written here is that none other than the gadfly Quackbusters organization led by Stephen Barrett does not oppose S. 1538 either! Supporters of the Hatch/Harkin bill should do some quick soul searching about whom they are getting into bed with before their "dream" becomes a "nightmare".
 

Please click on the appropriate additional links below:

 

S. 1538 Background Information

S. 1538 DSHEA Full Implementation & Enforcement Act

(the actual bill, S. 1538, in its entirety)