Rob McCaleb Testifies about Proposed FDA Supplement Labeling Rules.
On March 25, HRF President Rob McCaleb testified at a congressional
hearing called to examine the role of the FDA in implementing
the Dietary Supplement Health and Education Act (DSHEA). The hearing,
entitled "DSHEA: Is the FDA Trying to Change the Intent of Congress?"
is the first of a planned series on this topic. McCaleb's testimony
at the hearing summarized HRF's objections to FDA's proposed supplement
labeling rules (Docket #98N-0044). These proposed rules recommend
sweeping changes to the way in which dietary supplements are regulated
and include a redefinition of the term "disease."
The FDA's proposed redefinition of disease would classify any
deviation from a state of "normal" as a disease, even if that
deviation is universal or a normal part of aging, such as onset
of menses or menopause. Under the proposed new definition of disease,
any dietary supplement with virtually any effect on the body could
be classified as a drug.
According to McCaleb, the proposed FDA rules run counter to the
letter, spirit, and intent of DSHEA. By reversing the major provisions
of DSHEA, the rules could prevent the use of most statements of
nutritional support on supplement labels, with an end result of
negating the public's right to access truthful information about
the known effects of supplements. McCaleb also objected to FDA's
proposal that labeling should be regulated according to what is
implied in a label statement, rather than what is actually
"DSHEA is producing exactly the kinds of changes that we envisioned
in supplement research, development, and use of dietary supplements.
A better-informed public is using the best-researched supplement
ingredients to produce real gains in public health. It is time
for the FDA to abandon its continuing battle against dietary supplements
and against the right of the public to access truthful information
about the known effects of supplements," McCaleb stated in his
At the hearing, McCaleb was a member of a panel that also included
Dr. Edward Croom, Research Associate Professor and Associate Professor
of Pharmacognosy at University of Mississippi; Dr. Margaret Gilhooley,
Professor of Law at Seton Hall University; James L. Turner, representative
for Citizens for Health; and attornies Scott Bass and David Kracov.
The panel was questioned by Congressmen Dan Burton (R-Indiana)
and Stephen Horn (R-California). FDA Director Dr. Jane Henney
McCaleb was one of several panelists who discussed regulation
of alternative medicine in general, and specifically the availability
of treatments or practices that do not yet have government approval.
Asked about research prioritization, McCaleb responded that "a
rational strategy for botanical research in the United States
would begin with a look at the best-researched European phytomedicines."
The next hearing in the series was tentatively scheduled for May 27
or June 8. For a transcript of the March 25 hearing or more information
about upcoming hearing dates, contact Beth.Clay@mail.house.gov
or www.house.gov/reform. -
Christine Meadows, HRF