[Congressional Record Volume 145, Number 159 (Thursday, November 11, 1999)]
[Extensions of Remarks]
[Page E2354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      DIETARY SUPPLEMENT FAIRNESS IN LABELING AND ADVERTISING ACT

                                 ______
                                 

                            HON. DAN BURTON

                               of indiana

                    in the house of representatives

                      Wednesday, November 10, 1999

  Mr. BURTON of Indiana. Mr. Speaker, today I am pleased to introduce 
the Dietary Supplement Fairness in Labeling and Advertising Act. When 
Congress enacted the Dietary Supplement Health and Education Act of 
1994 (DSHEA), Congress intended to insure that all Americans had access 
to factual and adequate information about vitamins, minerals, and other 
dietary supplements so that they can make informed decisions about 
their health and well-being.
  There is an increasing amount of scientific data demonstrating the 
benefits of good nutrition, education, and appropriate use of dietary 
supplements to promote long-term health. Additionally, preventive 
practices, including the safe consumption of dietary supplements will 
play a role in significantly reducing health-care expenditures in this 
country. At a time when we are looking at a doubling of our health care 
expenditures by 2007, it is very important to find cost-saving measures 
such as the use of dietary supplements.
  The Government continues to provide funding to Agencies such as the 
National Institutes of Health, which includes the National Center for 
Complementary and Alternative Medicine and the Office of Dietary 
Supplements, as well as the U.S. Department of Agriculture and the 
National Science Foundation to conduct research in nutritional 
approaches to improving health status and in the prevention, treatment, 
and cure of diseases.
  Over 100 million people safely use dietary supplements every day in 
the United States. The bill that I am introducing today will allow the 
public access to solid scientific research information about the safe 
and proper use of dietary supplements. It would amend the Federal Trade 
Commission Act (FTC) so that that information on the scientific 
studies, including clinical trials, be made available to consumers 
without the FTC charging the manufacturer with improper advertising.
  The FTC does not allow the same information in advertising of dietary 
supplements that is allowed in labeling of the same products. Dietary 
supplement manufacturers are currently allowed to make some statements 
in the labeling regarding the benefits of calcium, vitamin C, and other 
common supplements that have been studied extensively. However, the FTC 
makes it very difficult for this useful information to be used in the 
advertising. This makes no sense. The information that the FDA allows 
as part of the labeling of a dietary supplement should also be allowed 
in advertising the same supplement, yet the FTC is seeking to regulate 
the advertising of dietary supplements by denying to consumers the very 
information that the DSHEA required the FDA to allow be used. This dual 
and contradictory set of regulations undermines the intent of Congress.
  DSHEA required the FDA to promulgate reasonable guidelines to 
regulate the content of dietary supplement labels. The goal of this 
requirement is to insure that the labels give consumers necessary 
information for decision making in supplement selection and usage, 
without making claims regarding medical or disease benefits.
  Additionally, the bill will instruct the FDA to withdraw the notice 
of proposed rulemaking published in the Federal Register of April 28, 
1998, which attempts to regulate the types of statements made 
concerning the effects of dietary supplements on the structure and 
function of the body. In the Government Reform Committee, we conducted 
a hearing in March in which we discussed this very issue. The FDA 
proposed rulemaking is in direct conflict with the intent of Congress 
in DSHEA. Pregnancy and Aging are not disease states, but under the 
proposed FDA rulemaking their redefining of ``disease'' would designate 
them as such. Furthermore, it was never Congress' intent that citations 
from credible scientific publications not be allowed in providing 
accurate information in labeling of dietary supplements.
  In passing this legislation, Americans will gain access to better 
information about the research in dietary supplements. Additionally, 
there will be access to fair and adequate reviews of claims. This bill 
prescribes a method by which the FTC must act prior to filling a 
complaint that initiates any administrative or judicial proceeding 
alleging noncompliance by an advertiser. The FTC would be required to 
provide a full and fair opportunity for advertisers to consult with the 
Commission's scientific experts and allow for an open exchange of ideas 
and information to insure that decisions are based on concrete, 
substantial scientific evidence. This is the development of an 
efficient and effective government practice during a time where our 
society has become far too litigious, I support strengthening the 
review process, prior to filling any claims or complaints.
  I urge my colleagues to co-sponsor 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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