March 18, 2010

The dietary supplement industry has voiced concerns over some provisions in the proposed Dietary Supplement Safety Act of 2010, which would require manufacturers to register with the FDA and disclose a full list of ingredients contained in each supplement.

Dietary supplement companies would also be required to provide a 75 day pre-market notice to the FDA not only for New Dietary Ingredients, but for all products containing steroids, and must establish that the product is safe for its intended use. The proposed legislation also provides the FDA with mandatory recall authority if a product is found to be unsafe or harmful.

The Council for Responsible Nutrition (CRN) responded with a concern that the legislation would deter retailers from offering a wide variety of legitimate supplements to consumers and would overburden manufacturers. CRN also pointed out that the provisions for an annual registration of dietary supplement facilities as well as mandatory recall authority for FDA are included in the Senate's Food Safety and Modernization Act legislation, which CRN supports. 

Senator Orrin Hatch (R-Utah), author of the 1994 Dietary Supplement Health and Education Act (DSHEA), recently requested that Senator John McCain (R-Ariz.), who introduced the 2010 legislation with Byron Dorgan (D-N.D.), work with him on calling for the "full enforcement of existing laws, such as DSHEA."

Statement by Senator McCain

CRN Response