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DIETARY SUPPLEMENT LAW's "UNREASONABLE RISK" CLAUSE OPENS DOOR FOR FDA

This article was originally published in The Tan Sheet

Executive Summary

DIETARY SUPPLEMENT LAW's "UNREASONABLE RISK" CLAUSE OPENS DOOR FOR FDA to "attack and remove any products" from the market, attorney Milton Bass (New York law firm Bass & Ullman) states in an analysis of the new Dietary Supplement Health & Education Act ("The Tan Sheet" Oct. 31, p. 1). Under the act, in proving a dietary supplement is unsafe, FDA must show the product presents "an unreasonable risk." According to Bass, in evaluating whether a product has "any value or usefulness," FDA may decide it does not have value or usefulness and conclude that "any possible risk is unreasonable."
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