FYI
NY senator guns for new dietary supplement legislation (via
Nutraingredients)
- 6/7/2004 - A New York senator is attempting to push through legislation
requiring new labeling on all dietary supplements sold or offered for sale
in the state, writes Philippa Nuttall.
The bill would require product labels or promotional materials to include
FDA's toll-free telephone number and website address to encourage
consumers to contact the authorities regarding adverse events. It would also impose
civil penalties for violations of this rule.
The bill (A02762) also aims 'to prevent unsustantiated claims for dietary
supplements' and would demand that anyone selling supplements that make
health claims substantiate them with 'competent and reliable scientific
evidence'. The sponsors believe this is necessary to allow New Yorkers to
make an informed choice about such products.
"This legislation is misguided in its intent and problematic for AHPA
members who do business in New York," said president of the American
Herbal Products Association (AHPA) Michael McGuffin. "AHPA is therefore
organising an opposition strategy."
In expressing the need for the bill, its sponsors cite "the absence of
adequate federal oversight and regulation".
But New York lawyer Marc Ullman disagrees. "Large parts of this bill are
redundant as the legislation is already in place through the FDA and FTC,"
he said. "Requiring manufacturers to put the FDA toll-free number on
product labels means the FDA would have the onerous task of answering non-related
customer calls."
"Manufacturers would have to make up special labels for NY," added Ullman,
"and retailers would have to verify that they can substantiate their
products, but the suggested bill doesn't explain how this would work."
The bill, originally introduced in January 2003, was passed through the
Assembly for Consumer Affairs and Protection Committee and referred to the
Assembly Codes Committee on Wednesday May 19, 2004.
AHPA believes the bill is likely to be passed as its primary sponsor,
senator Ortiz, has a history of getting 'pro-consumer' legislation passed,
most recently outlawing non-hands free cell phone use when driving.
"We have an adequate legal system," concluded Ullman. "For years there was
no enforcement, but recently there has been a flurry of legislation from
the FDA. We now need the FDA to continue playing fair and honestly."
Whatever the decision on this bill, it will defintely not signal the end
of the story. A second bill is already pending in New York, which would
require dietary supplements manufactured or sold in the state of New York to be
labeled with the statement "the product has [or has not] been tested by
the United States Food and Drug Administration".
And with New York being a lead state in the US, we could soon be seeing
similar bills elsewhere.
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