[Congressional Record Volume 158, Number 112 (Wednesday, July 25, 2012)]
[Senate]
[Pages S5383-S5385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. WHITEHOUSE (for himself and Mr. Hatch):
S. 3431. A bill to amend the Controlled Substances Act to more
effectively regulate anabolic steroids; to the Committee on the
Judiciary.
Mr. WHITEHOUSE. Mr. President, today I am pleased to join Senator
Hatch in introducing the bipartisan Designer Anabolic Steroid Control
Act of 2012. This measure will help keep American children and families
safe from dangerous designer drugs that masquerade as healthy dietary
supplements. This legislation is based on Senator Specter's work in the
previous Congress, and I thank him for his leadership on this issue.
Doctors and scientists have long recognized the health hazards of
non-medical use of anabolic steroids. For that reason, Congress has
previously acted to ensure that these drugs are listed as controlled
substances. Nonetheless, according to investigative reporting and
Congressional testimony, a loophole in current law allows for designer
anabolic steroids to easily be found on the Internet, in gyms, and even
in retail stores.
Designer steroids are produced by reverse engineering existing
illegal steroids and then slightly modifying the chemical composition,
so that the resulting product is not on the Drug Enforcement
Administration's, DEA, list of controlled substances. When taken by
consumers, designer steroids can cause serious medical consequences,
including liver injury and increased risk of heart attack and stroke.
They may also lead to psychological effects such as aggression,
hostility, and addiction.
These designer products can be even more dangerous than traditional
steroids because they are often untested, produced from overseas raw
materials, and manufactured without quality controls. As one witness
testified at a Crime Subcommittee hearing in the last Congress, ``all
it takes to cash in on the storefront steroid craze is a credit card to
import raw products from China or India where most of the raw
ingredients come from, the ability to pour powders into a bottle or
pill and a printer to create shiny, glossy labels.''
The unscrupulous actors responsible for manufacturing and selling
these products often market them with misleading and inaccurate labels.
That can cause consumers who are looking for a healthy supplement--not
just elite athletes, but also high school students, law enforcement
personnel, and mainstream Americans--to be deceived into taking these
dangerous products.
Loopholes in existing law allow these dangerous designer steroids to
evade regulation. Under current law, in order to classify new
substances as steroids, the DEA must complete a burdensome and time-
consuming series of chemical and pharmacological testing. As a DEA
official testified before Congress: ``in the time that it takes DEA to
administratively schedule an anabolic steroid used in a dietary
supplement product, several new products can enter the market to take
the place of those products.''
The Designer Anabolic Steroid Control Act of 2012 would quickly
protect consumers from these dangerous products. First, it would
immediately place 27 known designer anabolic steroids on the list of
controlled substances. Second, it would grant the DEA authority to
temporarily schedule new designer steroids on the controlled substances
list, so that if bad actors develop new variations, these products can
be removed from the market. Third, it would create new penalties for
importing, manufacturing, or distributing anabolic steroid's under
false labels.
Senator Hatch and I have worked closely with a range of consumer and
industry organizations to ensure that this legislation would not
interfere with consumers' access to legitimate dietary supplements. I
am pleased that the measure has been endorsed by the United States
Anti-Doping Agency, the Alliance for Natural Health, the Council for
Responsible Nutrition, the American Herbal Products Association, the
Natural Products Association, the Consumer Health Products Association,
and the United Natural Products Alliance.
I thank these organizations for their support, and look forward to
working with them, with Senator Hatch, and with colleagues from both
sides of the aisle to enact this common sense measure into law.
Mr. President, I ask unanimous consent that letters of support be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record as follows:
American Herbal Products
Association,
Silver Spring, MD, July 23, 2012.
Hon. Orrin Hatch,
U.S. Senate,
Washington, DC.
Hon. Sheldon Whitehouse,
U.S. Senate,
Washington, DC.
Dear Senators Hatch and Whitehouse, This letter is to
communicate to you the support of the American Herbal
Products Association (AHPA) for your pending legislation, the
Designer Anabolic Steroid Control Act of 2012. AHPA
recognizes the need to more effectively regulate anabolic
steroids, as this bill's amendment of the Controlled
Substances Act would do. The expanded controls on these
substances that would be implemented by your legislation
would protect consumers by better ensuring that these are not
misrepresented as legitimate dietary supplements, when
clearly they are not.
Please do not hesitate to contact me if there is anything
that AHPA and its members can do to assist in the passage of
this important legislation.
Sincerely,
Michael McGuffin,
President.
____
Natural Products Association,
Washington, DC, July 23, 2012.
Hon. Orrin Hatch,
U.S. Senate,
Washington, DC.
Senator Hatch, I write today on behalf of the Natural
Products Association (NPA) to thank you for introducing the
Designer Anabolic Steroid Control Act of 2012 (DASCA). As the
leading representative of the dietary supplement industry
with over 1,900 members, including suppliers and retailers of
vitamins and other dietary supplements, NPA works to ensure
that consumers have access to safe dietary supplements. We
believe that this bill will make the marketplace safer.
Our support for this legislation demonstrates NPA's
commitment to removing anabolic steroids, which are not
dietary ingredients, from the market. NPA has worked in
conjunction with the FDA to bring attention to spiked
products masquerading as dietary supplements. This bill helps
protect consumers who believe they are purchasing ``legal''
supplements but may suffer health effects from steroid use.
Even with the passage of the Anabolic Steroid Control Act
of 2004, the Drug Enforcement Administration (DEA) has
removed very few substances. The DEA has to follow a strict
set of testing standards to schedule a substance and remove
it from the market. This process can take up to three years
to complete; but while this process is taking place, the
products remain on the market. This bill gives the DEA the
power to temporarily remove products from the market while
testing is completed, giving them the ability to stay ahead
of the individuals who are creating these designer drugs.
Thank you for introducing this important legislation and
your tireless work on behalf of the dietary supplement
industry.
Regards,
John Shaw,
NPA Executive Director and CEO.
[[Page S5384]]
____
Council for Responsible Nutrition,
July 20, 2012.
Re Designer Anabolic Steroid Control Act (DASCA).
Hon. Orrin Hatch,
U.S. Senate,
Washington, DC.
Hon. Sheldon Whitehouse,
U.S. Senate,
Washington, DC.
Dear Senators Hatch and Whitehouse: On behalf of the
Council for Responsible Nutrition (CRN) \1\ and its members,
I am writing to express our support for the Designer Anabolic
Steroid Control Act (DASCA). We want to thank you both for
your commitment to providing the Drug Enforcement
Administration (DEA) with new authority to place designer
anabolic steroids on the Controlled Substance Schedules more
expeditiously and providing that agency with new tools to
quickly respond when new anabolic substances are introduced.
This legislation will provide DEA with new enforcement tools
to prosecute irresponsible and disreputable companies that
develop and market anabolic steroids as products labeled as
dietary supplements. Your efforts in this regard are
laudable, and CRN stands in support of your legislation.
Misbranded products that contain designer anabolic steroids
present serious health risks to consumers, particularly young
men who are unaware of the dangers of anabolic steroid use.
Maintaining the trust of consumers in the safety and benefit
of dietary supplements is essential to preserving a vibrant
market for legitimate dietary supplements. Currently,
unscrupulous companies can design these illicit substances
and illegally introduce them into the dietary supplement
marketplace before DEA can demonstrate their anabolic effects
and declare them controlled substances under the present law.
We believe DASCA's provisions will go a long way to help DEA
more quickly identify and restrict new designer anabolic
steroids by declaring them to be ``controlled substances.''
It will allow DEA to target substances whose chemical
structures mimic other anabolic steroids and whose
manufacturers and marketers promote their anabolic or muscle-
building effects. This legislation will assuage concerns of
Americans who use sports supplements, and foster an even
greater working relationship between FDA, DEA and
responsible, mainstream industry. DASCA is strong step
forward, adding teeth to prevention and enforcement efforts
in the battle against steroid abuse.
CRN understands that you intend to request this legislation
be referred to the Senate Judiciary Committee, whose
jurisdiction traditionally handles DEA and controlled
substance issues. We hope the committee will give the
legislation expedient and thoughtful consideration on its way
to passage by the full Senate, and are eager to work with
your office to ensure that the Judiciary Committee
understands the concerns of industry and consumers that have
led to this bill. CRN stands ready to work with you and all
of Congress to deliver a strong bill to the President.
Please don't hesitate to contact me or Mike Greene on my
staff at 202-204-7690 or [email protected] if CRN may be of
any assistance in your endeavors.
Best regards,
Steve Mister,
President and CEO.
____
United Natural Products Alliance,
Salt Lake city, UT, July 23, 2012.
Hon. Sheldon Whitehouse,
Hon. Orrin Hatch,
U.S. Senate,
Washington, DC.
Dear Senators Whitehouse and Hatch: Thank you for your
considerable efforts to draft the ``Designer Anabolic Steroid
Control Act of 2012'' and to close loopholes that might allow
continued sale of anabolic steroids, steroid lookalikes or
steroid precursors--all of which are a significant threat to
public health. We greatly commend your work.
The United Natural Products Alliance has appreciated the
opportunity to work with you in developing this bill. As you
know, sale of the products it would address are a significant
concern to our members who believe, quite simply, these
products should be outlawed.
We have reviewed your most recent legislation and wanted to
advise you we are completely in support of the goals of this
legislation. We do have minor drafting concerns, which have
been shared with your staff, and we appreciate their
commitment to address these issues as the legislation moves
forward.
Thank you again for your work on this important issue.
Kind regards,
Loren Israelsen,
Executive Director.
____
Consumers Healthcare
Products Association,
Washington, DC, July 23, 2012.
Hon. Sheldon Whitehouse,
Senate Committee on the Judiciary,
Washington, DC.
Hon. Orrin Hatch,
Senate Committee on the Judiciary,
Washington, DC.
Dear Senators Whitehouse and Hatch: On behalf of the more
than 200 members of the Consumer Healthcare Products
Association, the 131-year-old trade association representing
the leading U.S. manufacturers and distributors of over-the-
counter (OTC) medicines and dietary supplements, thank you
for sponsoring the Designer Anabolic Steroid Control Act
(DASCA).
This important legislation would designate additional
chemicals as anabolic steroids, and increase the penalties
for violators of anabolic steroid labeling laws, specifically
those rogue supplement manufacturers that ``spike'' their
products with anabolic steroids and attempt to pass them off
as dietary supplements. We applaud introduction of this
legislation to further protect the public health of our
citizens, and pledge to work closely with you and your staff
to advance this bill.
Please do not hesitate to call on us if you need any
assistance, and thank you, again, for your leadership on this
important issue.
Sincerely,
Scott M. Melville,
President and CEO.
____
Alliance for Natural Health USA,
Washington, DC, July 23, 2012.
Hon. Orrin Hatch,
United States Senate,
Washington, DC.
Dear Senator Hatch: The Alliance for Natural Health USA
strongly supports the Designer Anabolic Steroid Control Act
(DASCA) of 2012. Not only are anabolic steroids masquerading
as nutritional supplements illegal, they also risk the health
of those who use them, and tarnish the reputation of the
dietary supplement industry. The harm from these steroid-
tainted supplements is real. Health risks include serious
liver injury, stroke, kidney failure, and pulmonary embolism.
It is clear that the complex and cumbersome regulatory
system has failed to stop designer anabolic steroids. We
understand that your bill closes the loopholes in laws that
currently allow the creation and easy distribution of
anabolic steroids masquerading as dietary supplements.
We are thankful for the opportunity to discuss the bill
with your staff, and support its passage.
Sincerely,
Gretchen DuBeau,
Executive and Legal Director.
____
United States Anti-Doping Agency,
Colorado Springs, CO, July 23, 2012.
Senator Orrin G. Hatch,
Hart Senate Office Building,
Washington, DC.
Senator Sheldon Whitehouse,
Hart Senate Office Building,
Washington, DC.
Dear Senator Hatch and Senator Whitehouse: On behalf of the
United States Anti-Doping Agency (``USADA''), I am writing to
express our full support for the Designer Anabolic Control
Steroid Act of 2012. As the Congressionally recognized
independent anti-doping agency for the U.S. Olympic,
Paralympic and Pan American movement, USADA represents
literally millions of participants including athletes,
coaches and sports organizers who want to ensure sport in
this country continues to be a teacher of life lessons for
participants at all ages, is safe and drug free and that
clean athletes can compete and win without having to resort
to using dangerous performance enhancing drugs.
As we have seen over the last few years the current law
regulating dietary supplements has been exploited by rogue
manufacturers who have produced and sold products
masquerading as otherwise safe and legitimate dietary
supplements that are not but are in fact illegal products
containing steroids and other prohibited performance
enhancing drugs. This legislation is important to USADA and
our mission in order to close this loophole and ensure these
fly-by-night operations cannot easily and without risk
continue to produce these products.
We greatly appreciate your efforts in drafting and
introducing the Designer Anabolic Steroid Control Act of 2012
and look forward to assisting you in any way possible to
achieve its passage into law at the earliest opportunity.
Sincerely,
Travis T. Tygart,
Chief Executive Officer.
Mr. HATCH. Mr. President, I am pleased to cosponsor the Designer
Anabolic Steroid Control Act of 2012, DASCA, introduced by Senator
Whitehouse. The use of anabolic steroids or dietary supplements that
contain designer steroids may trigger numerous adverse health effects,
and thus Congress has passed legislation over the years to address
these chemicals.
The Drug Enforcement Agency, DEA, continues to investigate and
uncover dietary supplement products that contain either controlled
anabolic steroids or designer steroids that are structurally similar to
testosterone. In the tin that it takes the DEA to administratively
schedule an anabolic steroid used in a dietary supplement product,
several new products can enter the market to take its place. Certain
individuals have taken advantage of this
[[Page S5385]]
lengthy DEA administrative process by continuing to create and market
new derivative products by substituting and altering the testosterone
molecule and then marketing them as ``dietary supplements.'' Very
often, these new formulations have not been adequately tested.
I worked in the previous Congress on legislation to address this
issue and continued that work with Senator Whitehouse to develop a bill
that would amend the Controlled Substances Act to expand the list of
substances defined as anabolic steroids, and authorize the Attorney
General to issue a temporary order adding a drug or substance to the
list of anabolic steroids. The bill would also create new criminal and
civil penalties for importing, manufacturing, or selling any product
containing an anabolic steroid unless it bears a label clearly
identifying the chemicals contained in the product.
This bill is supported by American Herbal Products Association, AHPA,
Natural Products Association, NPA, Council for Responsible Nutrition,
CRN, United Natural Products Alliance, UNPA, Consumer Healthcare
Products Association, CHPA, Alliance for Natural Health, ANH, and the
U.S. Anti-Doping Agency, USADA.
______