NNFA Praises DSHEA Implementation Act, Promotes It As S 722 Alternative

The National Nutritional Foods Association is pursuing an aggressive campaign against the "Dietary Supplement Safety Act" (S 722) using informational papers, fliers and direct-to-consumer mailings.

At a recent meeting, the group distributed the papers and bag stuffers to retail members to pass on to consumers. The papers urge consumers to write to their congressmen "to let them know you oppose any attempts to limit your health freedoms."

NNFA is trying to block S 722, sponsored by Sen. Richard Durbin (D-Ill.). The bill would require all supplements containing stimulants to undergo premarket approval review from HHS and would also $10 mil. each fiscal year for a mandatory adverse event reporting system (¹ (Also see "Supplements Containing Stimulants Would Need Preapproval Under Durbin Bill" - Pink Sheet, 31 Mar, 2003.), p. 3).

According to the fliers, the passage of S 722 would overturn the Dietary Supplement Health & Education Act, and "would subject nearly all vitamins, minerals herbal products and other supplements to a level of scrutiny that is both unwarranted and unnecessary."

The trade group said it would consider all options to generate opposition to the bill, including running television ads.

NNFA said other trade organizations, including the American Herbal Products Association and the Council for Responsible Nutrition, are "looking to be more involved" in opposing the bill.

CRN said it is supportive of NNFA's effort and is interested in complementing the initiative by continuing its educational campaign about DSHEA on Capitol Hill (² 'The Tan Sheet' June 23, 2003, In Brief).

As part of its campaign, NNFA has been sending cards directly to consumers in mailings such as the GNC magazine, warning them that "exaggerated press reports about the effects of ephedra have led some legislators to propose extreme solutions that would all but eliminate" DHSEA.

As proposed, S 722 "would give FDA the power to disapprove the continued marketing of any supplement for which even one adverse event report is received," the card cautions, adding "every dietary supplement would be at the mercy of government bureaucrats who are notoriously anti-supplement."

NNFA is stepping up its efforts because it believes there is a "realistic possibility" that provisions from S 772 could be added as an amendment to the Agriculture appropriations bill. The appropriations measure is scheduled to be discussed during the second week of September, after the Senate reconvenes from recess.

The trade organization has been meeting with congressional leaders to ensure they are fully aware of the bill's language. NNFA notes that although the bill is commonly understood to ban ephedra, the word "ephedra" is not present at all in the bill language.

In contrast to its campaign against S 772, NNFA is supporting a bill co-sponsored by Sen. Tom Harkin (D-Iowa) and Orrin Hatch (R-Utah).

Introduced July 31, the "DSHEA Full Implementation & Enforcement Act" (S 1538) would direct FDA to update Congress on the progress of DSHEA implementation (³ (Also see "DSHEA Implementation Would Get Funding Push Under Harkin/Hatch Bill" - Pink Sheet, 4 Aug, 2003.), p. 13).

For this activity, the bill would authorize increased funding over the next four years to give FDA the resources to put the 1994 Act fully in place. In addition, S 1538 would allot $30 mil. for the NIH's Office of Dietary Supplements.

NNFA said it gives credit to Sens. Hatch and Harkin for following through on their commitment to DSHEA; both were the architects of the original legislation.

AHPA echoes NNFA's position on the two differing bills. "We appreciate the honesty that Senators' Harkin and Hatch have shown in clearly stating that the FDA has not adequately used its authority to enforce" DSHEA.

NNFA said it was aware that Hatch and Harkin were developing the bill but did not actively participate in its drafting. Calling S 1538 a "well-thought out, well-developed" bill, NNFA predicted it would gain the support of the industry as trade groups meet with their members to discuss it.

The Hatch/Harkin legislation presents a "clear alternative" to Durbin's S 722 and the bills represent two routes to accomplishing the same goal according to NNFA.

NNFA plans to modify documents distributed to its members and consumers to educate them about the contents of both bills and the authority given to FDA provided by DSHEA.