I knew from the outset Day 3 was going to be interesting. In my mind, I’ve named it “The Day O’Spin.” You’ll see why. . . .
We met at the Russell Senate Office building to hear from Senator Orrin Hatch (R-Utah) who was the sponsor of the Dietary Supplement Health and Education Act (DSHEA) which was passed and signed into law in 1994. DSHEA was intended to “regulate” the supplement industry. Sen. Hatch strongly believes that DSHEA provides the FDA the all of the means and tools it needs to appropriately regulate supplements, but the FDA does not have enough money do enforce the regulations. We thought we would only have 20 minutes of his time, but he stayed for about 45. He also spoke about the Adverse Event Reporting (AER) which was passed after ephedra was withdrawn from the market. It turns out one manufacturer of ephedra-containing products had 1,500 reports of adverse events which were not reported to the FDA. Oops! Now, adverse events (for drugs or supplements) have to be reported to the FDA. Regardless of what you think of Sen. Hatch or DSHEA, he was an engaging speaker.
Next up was Donna Porter, PhD from the Congressional Research Service (CRS). Donna was a truly enlightening speaker. The CRS provides information to the Congress on all sorts of issues – basically providing historical and other contexts for issues. When a Congressperson or his/her staff has a question, they call the CRS for information. Her area is nutrition – which means she was involved with DSHEA and the AER acts were being drafted and passed. She echoed one aspect of Sen. Hatch – that the FDA does not have the funding to implement the regulations in DSHEA. However, she added that some of the aspects of DSHEA would be difficult to implement. Her talk was incredibly interesting.
Next, we moved to the Wilbur J. Cohen Building (which also houses Voice of America) for panel discussions with representatives from the supplement industry and from consumer groups. The supplement industry was represented by Steven Mister from the Council for Responsible Nutrition, Daniel Fabricant, PhD from the Natural Products Association, and by Steven Dentali, PhD from the American Herbal Products Association. These are all trade groups for the supplement industry. I was keeping an open mind and was pleasantly surprised to learn that these groups do “self regulate” their members. They require their members have Good Manufacturing Processes (GMPs) in place and actually do test member companies’ off-the-shelf products for quality and purity. They believe that the current regulations and enforcement are adequate. However, one of the panel members said that he did not believe that randomized control trials are appropriate for supplements. WHAT?!?!?!? His justification was that nutrients work in many ways on many systems and that creating a control group is impossible. Again, WHAT?!?!?!? Honestly, there isn’t a lot other than that to report from this group. They were all trying to spin their messages to show that supplement companies are good, produce products that are pure and not contaminated, care about the consumer, etc. While I think some companies are, I also think there are a lot of supplement companies who are not. And, how can those “rogue” companies who are producing trash supplements be “regulated” by industry groups if they are not members of the groups.
Finally, were the consumer oriented groups. These groups were represented by David Schardt from the Center for Science in the Public Interest and Peter Lurie from the Public Citizen’s Health Research Group. Unfortunately, Rob Stein from the Washington Post was unable to attend. You can probably guess the line these speakers took – supplements need to be tightly regulated for efficacy, purity, etc. One panelist said that DSHEA keeps the FDA from more tightly regulating supplements (which is true), and that the biggest problems is that dietary supplements are a consumer rip-off. (Did I say spin?) Basically, they want more and tighter regulation of the dietary supplement industry.
After the last panel, we went to the National Museum of the American Indian for lunch. If you have a chance, go! The cafeteria has representative native American food from different parts of the country. I had buffalo chili, fry bread, and a salad made from fiddle fern, asparagus and corn.
Key learnings from today:
- Consider the source of information. People are going to try to spin the information to meet their goals including carefully using research to “prove” their point.
- Everyone says the FDA needs more money for enforcement.
- Issues relating to dietary supplements are not black and white. There is a lot of gray area.
- I do think the supplement industry can be helpful in working with congress and the FDA because they work with supplements every day.
- There are responsible companies in the dietary supplement industry. However, there are a lot of irresponsible companies, too.
- Given the confusion of consumers in the US regarding dietary supplements, those in other countries are probably even more confused. And, a lot of other countries do not have consumer advocates trying to keep the dietary supplement industry in check.
