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by Donald B. Ardell, Ph. D.
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Wellness in the Headlines
(Don's Report to the World)

A Wellness Perspective on the Dietary Supplements Health and Education Act (DSHEA) of 1994

Thursday June 19, 2003

A bill has been introduced in the U.S. Senate that deserves a lot more attention than a book by a U.S. senator named Hillary Rodham Clinton. Alas, millions more Americans would rather read about Hillary, Bill and Monica than pay much attention to vital legislation. Yet, this proposed legislation is one of the most important and needed reforms to the Federal Food, Drug, and Cosmetic Act since 1994. It was in 1994 that the manufacturers of dietary supplements got a free pass allowing them to make over-the-top, unsubstantiated claims for their products with no oversight from the FDA. For this they could thank Senator Orrin Hatch from the State of Utah, where many supplement companies have their headquarters and heavily support the senator's campaigns. According to a story in the NY Daily News (2/20/2003) written by Michael O'Keeffe, "Other pols who have accepted big bucks from the industry include Mayor Giuliani, who received $31,000 for last year's aborted run for the Senate; George W. Bush, who raked in $52,750 for his presidential run; and Sen. Tom Harkin, the influential Iowa Democrat."

The 1994 Dietary Supplement Health and Education Act (DSHEA) resulted from a huge lobbying campaign by the health-food industry, supported by holistics and New Age types nation-wide. This law defined "dietary supplements" to include herbs as well as any substances purported to "supplement the diet by increasing dietary intake." Most significantly, the law expressly forbad the FDA from ordering the removal of worthless or even dangerous ingredients from the American marketplace and gravely weakened the ability of the FDA to protect consumers against claims it might otherwise have declared bogus. It gave the diet pill and other supplement promoters license to use misleading third-party literature to promote the sale of their products. This infamous DSHEA legislation from 1994 even allowed companies to sell hormones such as DHEA and melatonin as food supplements.

Passions run as deep on this matter as they do on abortion, or on the Bush administration, or on which religion, if any, is best or true. If the opposing parties had guns, it would be mighty ugly. (Actually, they DO have guns, especially in Utah, but so far, shots have not been fired.)

The holistics and the sellers of vitamins, minerals, herbal products and other supplements are opposing the legislation with a campaign that paints all reforms as a threat to the country's freedoms. (If that were their real concern, they would be opposing the Patriot Act.) Actually, the bill by Senator Richard Durbin (S. 722, the Dietary Supplement Safety Act), threatens only their freedom to operate without regard for facts or consequences from consumer usage of their products. They do not want FDA scrutiny, and it's easy to see why not. They say "the government must not be allowed to limit the freedom of choice of American consumers when it comes to their health." No, the government must not, nor does this bill, do any such thing. What it does is limit the freedom of the pill vendors to exaggerate, lie and deceive, and risk the health of consumers who are easily fooled.

The dietary supplement industry has prospered since the passage of the DSHEA legislation. They use the profits from this prosperity to look after Mr. Hatch, President Bush and others who favor freedom for the big pill companies over the best interests of consumers. Contributions to Congressional and Presidential candidates since the passage of DSHEA exceed $10.9 million according to U.S. News & World Report.

The 1994 law was a disaster, and the cries about lost freedom by the supplement industry are self-serving and contrary to the well-being of the people. Don't be fooled by these bogus freedom arguments. Protect your own freedoms to have safe and effective products. Support a viable FDA with powers and responsibilities to protect consumers. Do what you can to support reforms to the DSHEA, such as Senator Durbin's excellent bill, the Dietary Supplement Safety Act.

Be well, and look on the bright side. Domain: purpose
Subdomain: applied wellness

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