[Congressional Record Volume 145, Number 142 (Tuesday, October 19, 1999)]
[Senate]
[Pages S12837-S12838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAPO:
  S. 1749. A bill to require the Commissioner of Food and Drugs to 
issue revised regulations relating to dietary supplement labeling, to 
amend the Federal Trade Commission Act to provide that certain types of 
advertisements for dietary supplements are proper, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.


      dietary supplement fairness in labeling and advertising act

 Mr. CRAPO. Mr. President. I rise today to introduce the 
Dietary Supplement Fairness in Labeling and Advertising Act. The 
purpose of the legislation is to reaffirm Congress' intent in enacting 
the Dietary Supplement Health Education Act (DSHEA). In enacting DSHEA, 
Congress intended to insure that all Americans had access to factual 
information about vitamins and other dietary supplements so that they 
can make informed decisions about their health and well-being.
  In recent years, the prevalence of scientific data demonstrating the 
benefits of proper nutrition, education, and appropriate use of dietary 
supplements to promote long-term health has increased tremendously. 
Additionally, preventative practices, including the safe consumption of 
dietary supplements, has been shown to significantly reduce the health-
care expenditures in this country. That is why I continue to support 
research efforts that focus on preventative care. The role government 
funding can have in achieving scientific and medical gains in crucial. 
Past successes have frequently led to rapid technological advancements 
in medicine, biotechnology, and other important areas that shape our 
lives.
  Over 100 million people use dietary supplements daily throughout the 
United States. This bill that I am introducing would allow access by 
the public to solid scientific research about the safe and proper use 
of dietary supplements. It prevents the Food and Drug Administration 
(FDA) from promulgating rules that change the intent of congressional 
regulations regarding structure and function claims and would amend the 
Federal Trade Commission Act to provide that certain types of 
advertisements for dietary supplements are proper.
  DSHEA required the FDA to promulgate reasonable guidelines to 
regulate the content of dietary supplements labels. The goal of this 
requirement is to insure that the labels give consumers information 
necessary for them to decide whether they want to take a particular 
supplement, without making claims regarding medical or disease benefits 
(which are reserved for FDA-approved drugs).
  The Federal Trade Commission (FTC) currently enforces a standard for 
advertising that conflicts with the intent of DSHEA. The FTC does not 
always allow the same information in advertising of dietary supplements 
that is allowed in labeling of the same products. For instance, the FTC 
has made it difficult to advertise the benefits of calcium, vitamin C, 
and other common and heavily studied supplements.
  The information that the FDA allows as part of the labeling of a 
dietary supplement should also be allowed in advertising that same 
supplement, yet the FTC is seeking to regulate the advertising of 
dietary supplements by denying to consumers some of the very 
information that DSHEA required the FDA to let them use. This forces 
manufacturers to work under two sets of contradictory regulations and 
undermines the intent of Congress.
  Additionally, this bill would instruct the FDA to withdraw the notice 
of proposed rulemaking published in the Federal Register of April 29, 
1998, which attempts to regulate the types of statements made 
concerning the effects of dietary supplements on the structure or 
function of the body. The FDA is asserting responsibilities beyond 
congressional intent. Specifically, it is

[[Page S12838]]

seeking to change the definition of ``disease'' by deeming improper any 
claim that refers to the ``prevention or treatment of abnormal 
functions.'' In these cases, the product would be subject to regulation 
as a drug, rather than a dietary supplement. Furthermore, it was never 
Congress' intent to disallow the use of citations from credible 
scientific publications in providing accurate information in labeling 
of dietary supplements. Numerous, common sense examples can be made to 
demonstrate the irresponsible nature of this rule. Aging and pregnancy 
would now be considered diseases under the policy.
  In passing this legislation, my hope is to continue to open up 
communication and provide access to fair and adequate reviews of all 
claims. This bill prescribes a method by which the Commission must act 
prior to filing a complaint that initiates any administrative or 
judicial proceeding alleging noncompliance by an advertiser. Simply, 
the FTC would be required to provide a full and fair opportunity for 
advertisers to consult with the Commission's scientific experts. 
Decisions about the use of dietary supplements should not be made by 
bureaucrats. Instead, meetings with scientific experts would provide 
for an open exchange of ideas and information, and ensure that 
decisions are based on concrete, substantial scientific evidence. This 
is good government practice, and during a time where our society has 
become far too litigious, I support strengthening the review process, 
prior to filing any claims or complaints.
  I urge my colleagues to cosponsor the Dietary Supplement Fairness in 
Labeling and Advertising Act. It would insure that all Americans have 
access to factual information about vitamins and other dietary 
supplements so they can make informed decisions about their health and 
well-being, while continuing to provide adequate safeguards to protect 
the public good.
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