Sport Supplement High School Education Program Urged In California Bill

All secondary schools in California would be required to instruct students on the effects of performance-enhancing substances under a state bill recently introduced by Sen. Jackie Speier (D).

SB 1562 would amend California's Education Code to read: "the use of performance-enhancing substances including anabolic steroids, androstenedione, creatine and ephedra to expedite the physical development and to enhance the performance level of secondary school athletes presents a serious health hazard to these student athletes."

The bill suggests all school districts implement an education program for students in grades seven to 12 to convey the negative effects of performance-enhancing supplements. The lessons could be given during classes in science, health, drug abuse or physical education, according to the bill.

In addition, the measure suggests the California Interscholastic Federation (CIF), an independent body that governs high school athletics in the state, should adopt the National Collegiate Athletic Association (NCAA) list of banned substances.

CIF should approve the list "in consultation with the State Department of Education...for purposes of pupil participation in interscholastic athletics," the bill states.

However, since the bill's introduction on Feb. 20, CIF has suggested the NCAA list may be an inappropriate guide for high school athletes due in part to the presence of caffeine. The federation has posed the question to its Health & Safety committee and is drafting its own list to modify the bill.

CIF already has spoken out against performance-enhancing supplements; the group has published various Internet updates on andro, ephedrine and creatine, warning coaches and trainers to "educate their athletes regarding these substances, and then most importantly, [to] prohibit their use."

However, the federation has not taken formal action against students' use of the dietary supplement ingredients. Although SB 1562 cannot force CIF to implement a new policy, a Speier staffer said the group is looking for a directive from the state.

Speier's interest in the bill arose out of a Jan. 14 joint informational hearing held by the Senate Select Committee on Government Oversight and the Health & Human Services Committee. The hearing addressed the use of supplements and performance-enhancing products by student athletes.

Various speakers, including academic experts, school officials and health professionals, expressed concern over the rapid growth in supplement use by teen athletes who are unaware of the potential negative side effects of these products, according to Speier's office.

Witnesses cited recent research conducted by Consumers Union that indicated many adolescents feel pressured to take sports supplements to compete athletically with their peers, develop bigger muscles or lose weight (¹ (Also see "Ephedra, Andro, Creatine Easy Access, Lack Of Safety Data Cited By CR" - Pink Sheet, 21 May, 2001.), p. 8).

Following the hearing, multiple bills were introduced to address the issue. Another measure offered by Speier, SB 1750, would require detailed content and warning statements on the labels of supplements containing ephedrine alkaloids, creatine and andro.

The bill, introduced on Feb. 21, would call for ephedrine, creatine and andro supplement manufacturers to include a list of warnings on product labeling, such as: "Not for use by individuals under the age of 18 years"; and "Do not use if pregnant or nursing."

The warning language also would advise consumers to consult a physician if they are concurrently taking drugs or other supplements, or if certain side effects such as rapid heartbeat, dizziness or headache occur.

Although the measure does not specify exact warning language that would be required for creatine and andro products, Speier's staff is working with public health groups to draft language, which should be added to the bill by April.

Specific cautions for products containing ephedrine alkaloids include: "Exceeding recommended serving may cause serious adverse health effects, including heart attack and stroke"; and "Individuals who are sensitive to the effects of caffeine should consult a licensed health care professional before consuming."

The legislation also would require manufacturers of the three supplement ingredients to "prominently display" FDA's toll-free MedWatch number on labeling so consumers can report any adverse effects.

Finally, SB 1750 "would make it a misdemeanor for any manufacturer, wholesaler, retailer or other person to sell, transfer, or otherwise furnish a dietary supplement containing ephedrine group alkaloids, creatine or androstenedione to a person under 18 years of age."

The bill likely will be assigned to the Senate HHS committee and could be reviewed as early as April. No action can be taken before March 24 due to the state's 30-day stay period for new legislation.

Speier sponsored an almost identical bill addressing ephedrine labeling alone roughly a year ago (² (Also see "California ephedra" - Pink Sheet, 26 Mar, 2001.), p. 24). SB 397 has passed the Senate and is before the Assembly Approps Committee.

Other related legislation introduced following the supplement hearing includes SB 1964, offered Feb. 22 by Sen. Dede Alpert (D). The bill "would make it unlawful to sell any substance, with the exception of caffeine, that is listed as a banned drug by the [NCAA], to any person who is under the age of 18 years."

SB 1948, introduced by Sen. Liz Figueroa (D), would require warnings on supplements manufactured or distributed in California to be "clear and conspicuous" in both product labeling and print advertising.

The multi-pronged effort by the three senators could provoke increased awareness of supplement issues and garner widespread support; Figueroa is a member of the HHS committee, while Speier chairs the Select Committee on Government Oversight and Alpert resides on the Education committee.

However, supplement bills in California have met with limited success in past years. Former Assemblywoman Susan Davis - now in the U.S. House - introduced a bill similar to SB 1750 that passed both the Assembly and Senate, but was vetoed by Gov. Gray Davis (D) in September 2000 (³ (Also see "California Ephedrine Alkaloid Supplement Labeling Bill Veto Unexpected" - Pink Sheet, 9 Oct, 2000.), p. 14).

Davis has carried her state-level efforts to the federal arena by introducing two supplement bills in the House. HR 3066 calls for tighter ephedra regs, while HR 3065 would mandate AE reporting (⁴ (Also see "Supplement Labeling Toll-Free AER Number Provision Included In House Bill" - Pink Sheet, 15 Oct, 2001.), p. 7).

Unrelated to the joint legislation, SB 1610, introduced by Sen. Debra Bowen (D) on Feb. 21, would "require, to the extent permitted by applicable federal law, disclosure to consumers of the amount of trans fatty acids present in foods, including dietary supplements" manufactured or distributed in California.

FDA published a similar proposed rule in November 1999, but has not issued a final reg (⁵ (Also see "Trans fatty acids" - Pink Sheet, 15 Nov, 1999.), In Brief).