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NUFA passes House

This article was originally published in The Tan Sheet

Executive Summary

An amendment to the "National Uniformity for Food Act" by Rep. Joe Barton (R-Tex.) "clarifies that uniformity in notification requirements for warnings does not apply to warnings related to dietary supplements." The amended version of H.R. 4167 passed the House March 8 in a 283-139 vote. The bill would prevent state-imposed food labeling requirements (1"The Tan Sheet" March 6, 2006, p. 7). An amendment by Rep. Henry Waxman (D-Calif.) and three other lawmakers which would still require food labeling notifications related to cancer and birth defect risks was not adopted before the legislation passed. The American Herbal Products Association and National Nutritional Foods Association stated they would seek inclusion of supplements in a Senate companion bill. Council for Responsible Nutrition President Steve Mister said the amendment was "very disappointing but not totally unexpected," since supplements have been expressly excluded from other versions of the bill since its first introduction in 1998. CRN will work to educate lawmakers that supplements are safe and to eliminate confusion about their regulation by FDA...

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Citizen petition on Prop 65

California's Proposition 65, when applied to dietary supplements and foods, "causes consumer confusion, "misbrands" safe and wholesome products, and frustrates FDA's ability to carry out its statutory mandates," dietary supplement marketer Swanson Health Products says in a citizen petition submitted to FDA Jan. 18. Therefore, the products should not be included in the act, the firm adds. Submitted on behalf of Swanson by law firm Sedgwick, Detert, Moran & Arnold, the petition maintains that Prop 65's application to supplements and foods is "escalating," and that a private enforcer recently advised Swanson that it plans an "industry-wide enforcement action shortly," which it claims will result in the supplement industry following the requirements it is demanding of the firm. "Private enforcers, seeing the vast amount of money that is to be made, identify more food and dietary products that they can prosecute," Swanson adds. The National Uniformity for Food Act was introduced in Congress in 2006 to unify warning label requirements and pre-empt state-imposed requirements like Prop 65. Though the act was passed by the House that year it is awaiting further action by Congress (1"The Tan Sheet" March 13, 2006, In Brief)...

CFSAN Expects Funding Proposed By Congress Would Slow Food Safety Work

President Bush's fiscal 2008 budget request includes a $28 million increase and adds nearly 100 full-time equivalents for FDA's Center for Food Safety and Applied Nutrition over funding Congress has proposed for fiscal 2007

Senate Vote On AER Bill Around The Corner; NUFA Still Salvageable – Hatch

The National Uniformity for Foods Act is "not expected" to pass Congress before the October recess, which gives the dietary supplement industry "some time to keep working to see if we can get the bill amended" to include supplements, Sen. Orrin Hatch (R-Utah) informed attendees of NPA's annual convention July 15

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