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Grassley’s Swing At Illegal Anabolic Steroid Use Unfairly Strikes DHEA – CRN

This article was originally published in The Tan Sheet

Executive Summary

Legislation introduced in response to a report on steroid use in Major League Baseball that would put an age restriction on sales of performance-enhancing drugs and supplements - including DHEA - is a "misdirected attempt ... based on emotional rhetoric" to curb illegal anabolic steroid use, industry leaders say

Legislation introduced in response to a report on steroid use in Major League Baseball that would put an age restriction on sales of performance-enhancing drugs and supplements - including DHEA - is a "misdirected attempt ... based on emotional rhetoric" to curb illegal anabolic steroid use, industry leaders say.

Sen. Charles Grassley, R-Iowa, introduced the Dehydroepiandrosterone Abuse Reduction Act of 2007 to prohibit sales of DHEA to consumers under 18-years-old. The bill, S. 2470, would also impose civil penalties on retailers that improperly dispense the supplement to underage customers, according to a Dec. 13 statement by Grassley.

While DHEA is a naturally-occurring precursor to testosterone and a dietary supplement frequently used as an anti-aging supplement, it is also marketed online to athletes as a legal alternative to anabolic steroids that will increase muscle mass and help them "compete at a higher level," Grassley says.

"I realize that many people use this product legitimately. I think it's important that we at least make sure that our children do not have access to DHEA," the senator says.

He adds the need for restriction is highlighted by the Mitchell Report, which accuses some Major League players of using performance-enhancing drugs to "gain a competitive edge."

The bill, which was referred to the Judiciary Committee, would prevent children from improperly buying and using DHEA to bulk-up so they can be like pro athletes they idolize, Grassley explains.

This is Grassley's third attempt to restrict DHEA access and consumption. He proposed listing DHEA as an anabolic steroid in 2005 legislation that was not acted on and in a 2007 bill, S. 1249, which has not moved since being assigned to Judiciary in March (1 (Also see "DHEA Debate Returns To Fore: Anabolic Steroid Status Sought In Grassley Bill" - Pink Sheet, 6 Jun, 2005.), p. 11 and 2 'The Tan Sheet' March 12, 2007 In Brief).

DHEA Not In Same Ballpark With Steroids

"It is disingenuous to tie" DHEA use to the Mitchell Report because the report does not mention the dangers associated with DHEA or other supplements, said Steve Mister, president and CEO for the Council for Responsible Nutrition.

Rather, the report discusses baseball players' use of human growth hormones and anabolic steroids - substances Grassley's bill does not address, Mister adds.

"DHEA is not an anabolic steroid," and people who take DHEA will not get the same results as if they took anabolic steroids, Mister told "The Tan Sheet." He explains that Congress intentionally left DHEA from the anabolic steroid category when it passed the Anabolic Steroid Control Act because unlike anabolic steroids the body ignores additional DHEA when it reaches normal hormone levels (3 'The Tan Sheet' Oct. 11, 2004, In Brief).

CRN urges Congress not to restrict DHEA access, but to enforce existing laws that address illegal steroid use and educate the public about the dangers of illegal steroids, according to a written statement from the association.

Precedent For Future Bad Calls On Access

Grassley's bill would "set an unacceptable precedent and would create the misimpression that DHEA deserves to be hidden behind the counter," Mister said.

"It would be the first time a lawfully sold dietary supplement would have federally mandated age restrictions on it. Once that happens it is easier [to restrict supplements] in the future any time there is a problem or a suggested problem. It is the camel's nose under the tent."

In addition, threatening retailers with penalties if they sell DHEA to minors could "dry up access for everyone, including the responsible adult," Mister said.

If age restrictions are placed on DHEA, retailers likely would place DHEA products behind the counter or in a locked cabinet so they could effectively police who buys the products, Mister explains. In a worst case scenario, a retailer may stop carrying the product because it doesn't want to risk a fine if its clerk accidentally sells the product to a minor, he adds.

However, such measures prohibit responsible consumers from looking at the products, comparing the labels and doses and "stigmatize the product as being something that is not safe," Mister adds.

Some manufacturers already voluntarily include warnings against use by people under 18 on DHEA product labels. The voluntary warnings "show an overabundance of caution" on the manufacturers part and is a "very different scenario than the federal government imposing regulations and attaching civil money penalties," Mister said.

DHEA Side Effects Debated

Concerns DHEA could cause liver damage and cancer when taken in high doses over time also prompted Sen. Grassley to introduce the bill, according to this statement.

However, industry leaders say Grassley erroneously links the negative side effects of anabolic steroids to DHEA.

Andrew Shao, CRN's VP of scientific and regulatory affairs, said there is no evidence DHEA causes liver damage or cancer, but Grassley "is borrowing data that is well established for effects related to anabolic steroid abuse ... to make some sort of case against DHEA."

While some studies show transient side effects associated with DHEA when used to treat young women with adrenal insufficiency, those side effects are not close to the same level caused by anabolic steroids, Shao added.

Schumer Bill Targets HGH

A bill, S. 877, introduced in March by Sen. Charles Schumer, D-N.Y., seeks to curb inappropriate use of performance-enhancing substances by amending the Controlled Substances Act to include HGH as a schedule III substance.

Schumer's Controlling the Abuse of Prescriptions Act of 2007 would increase the reporting burden on HGH manufactures, distributors and dispensers because they would need to register with the Drug Enforcement Agency. It would also require them to track production, disposal, sales and destruction data of HGH products.

The bill would make it illegal to distribute HGH in "bad faith" or possess HGH without a current, valid prescription.

Schumer's bill, which has not moved since it was assigned to Judiciary in March, got some media attention after the Mitchell Report said some players allegedly used HGH to improve their performance.

-Elizabeth Crawford ([email protected])

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