[Congressional Record Volume 140, Number 117 (Thursday, August 18, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 18, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                         ADDITIONAL STATEMENTS

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          S. 784, DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT

  Mr. HARKIN. Mr. President, I am very pleased that the Senate on 
Saturday unanimously passed S. 784, the Dietary Supplement Health and 
Education Act. This was an important moment for American consumers and 
for preventive health care. And it has been a long-time coming. My 
colleague from Utah, Senator Hatch, and I have been working for months 
to bring about this bipartisan compromise which promotes consumer 
protection and education and freedom of choice.
  The Hatch-Harkin compromise adopted by the Senate is the result of 
many weeks of discussions and alterations. It guarantees the American 
people access to supplements to their diets that promote improved 
health and well-being. It also takes steps to assure that consumers 
will receive truth and nonmisleading information about these products 
without excessive, biased regulation by the Federal Government.
  Mr. President, there is an overwhelming irony in a government that 
subsidizes to the tune of a billion dollars a year the advertising and 
promotion of tobacco, which kills over 450,000 Americans a year, while 
running roughshod on the promotion of products that aim to promote 
health and save lives.
  Taxpayers are being asked to subsidize activities that are designed 
to hook our kids on a habit that we know robs health. At the same time 
the FDA wants to deny people access to information they can use to take 
charge of their own health. Something is out of whack here. And the 
Hatch-Harkin substitute changes that.
  Our substitute includes four major modifications to the bill adopted 
by the Labor Committee in May.
  First, health claims will be subject to the pre-approval process and 
standard established by the Nutrition Labeling and Education Act while 
a Commission studies what and provides us recommendations on the best 
way to handle these claims. This is a significant change from the 
original S. 784 and shows a great willingness to compromise.
  Second, it assures that consumers can receive truthful, nonmisleading 
articles, books or other publications at health food stores and 
elsewhere in connection with the sale of dietary supplements. This 
information has to be presented in a manner that ensures that consumers 
receive a balanced view of the scientific evidence about the health 
effects of dietary supplements. I believe this will make for more 
informed consumers and better consumer decision by reducing the great 
confusion that exist today due to the almost daily reports--often 
conflicting and confusing--we take in from newspapers and others on the 
latest new study on the health effects of vitamins, minerals, and other 
dietary supplements.
       Third, the compromise assures that prescription drugs 
     cannot escape appropriate review and oversight by being 
     classified as dietary supplements. This concern was raised by 
     a number of Senators and the legislation before us addresses 
     it in a sensible manner.
  Fourth, our compromise assures that so-called structure-function 
claims can be made while assuring that these claims are not health or 
disease claims.
  Mr. President, this compromise is a critical first step toward final 
enactment of S. 784. The bill now goes to the House for its 
consideration. Our staffs have been meeting for months with leaders in 
the House. They have made significant progress in a number of important 
areas. I believe that with the unanimous passage of the Hatch-Harkin 
compromise here in the Senate, and with these ongoing discussions, we 
can see a good bill signed into law this year. I will continue to do 
all I can to make sure that happens, and happens as quickly as 
possible.
  As you know, I have been a long-time advocate of preventive health 
care. And this proposal is an important part of that. We don't have a 
health care system in this Nation. We have a sick care system. We spend 
billions patching and mending. But we flunk when it comes to helping 
people stay healthy in the first place. If all we do is change how we 
pay the bills, we're just rearranging the deck chairs on the Titanic. 
We're going down. The only way we'll really get costs under control is 
to emphasize prevention and giving people the wherewithal to stay 
healthy.
  This bill is an important step in that direction.

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