Congress Could Be Coming for Dietary Supplements
Law360Brian P. Kelly, Leslie L. Meredith, Douglas F. Gansler
The next chapter in the saga of New York State Attorney General Eric T. Schneiderman's investigation of the dietary supplements industry may take place on Capitol Hill. On April 2, Schneiderman and the state attorneys general of Connecticut, the District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Massachusetts, Mississippi, New Hampshire, the Northern Mariana Islands, Pennsylvania and Rhode Island sent a letter to Congress requesting it launch an investigation into the dietary supplements industry and to look into strengthening oversight from the U.S. Food and Drug Administration.
Seeking “a broad-based solution,” the letter — addressed to the chairman of the Senate Committee on Commerce, Science and Transportation, which is responsible for product safety and other consumer protection issues, the chairman of the Senate Subcommittee on Health and other ranking committee members — suggested Congress and the FDA “act in concert” to conduct a sweeping investigation of the industry and consider new legislation.
If Congress chooses to pursue the investigation proposed by the state attorneys general it will do so with a broad mandate. The state attorneys general suggested Congress investigate everything from product labels and marketing, to the effectiveness of existing quality assurance measures, to the quality of ingredients, fillers and finished products. As pledged in the April 2 letter, Congress would also enjoy the full assistance of the state attorneys general.
Originally published by Law360; reprinted with permission.