[Congressional Record (Bound Edition), Volume 156 (2010), Part 2]
[Senate]
[Page 1455]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 DIETARY SUPPLEMENT SAFETY ACT OF 2010

  Mr. McCAIN. Madam President, I wanted to take a moment to discuss the 
Dietary Supplement Safety Act of 2010 that Senator Dorgan and I 
introduced earlier this month. This legislation has been widely 
discussed since introduction and many falsehoods and misstatements 
regarding it have been raised. I want to take a moment to clarify what 
this bill will and will not do if passed into law.
  We introduced this legislation at the request of the U.S. Anti-Doping 
Agency, Major League Baseball, National Basketball Association, 
National Football League, National Hockey League, U.S. Olympic 
Committee, American College of Sports Medicine, American Swimming 
Coaches Association, National Collegiate Athletic Association, PGA 
Tour, U.S. Lacrosse, U.S. Tennis Association, U.S.A. Cycling, U.S.A. 
Gymnastics, U.S.A. Swimming, U.S.A. Track and Field, and U.S.A. 
Triathlon. Additionally, scores of parents, spouses and high school 
athletic coaches requested action by Congress or the Food and Drug 
Administration (FDA) to assist them in ensuring the safety of dietary 
supplements.
  I am proud that this legislation is so widely supported. However, 
opponents to this bill and their well-paid Washington lobbyists have 
spread false statements and rumors about the legislation, which is 
really a disservice to consumers, and instead proudly boast that they 
remain largely untouchable by the FDA.
  This legislation would simply require dietary supplements to list all 
ingredients on the packaging, mandate that all dietary manufacturers 
register with the Food and Drug Administration--FDA--to ensure the FDA 
knows what is being sold and provide the FDA mandatory recall authority 
of any dietary supplement if the FDA finds the supplement to be 
hazardous to one's health.
  Opponents have stated that the legislation would seek to limit 
consumers' ability to purchase dietary supplements, vitamins or 
prescription drugs. That is completely false. Opponents also claim the 
bill establishes a new regulatory structure for dietary supplements at 
the Food and Drug Administration. That is completely false. Opponents 
claim that this bill was only introduced to rein in a few athletes who 
took supplements and then tested positive for steroids or other 
substances banned by sports leagues. That is completely false.
  This bill was introduced for the nearly half of all Americans who 
take a dietary supplement. People have died from taking dietary 
supplements, including a young mother and wife who lived in my home 
State, and thousands have had to be hospitalized or seen by a doctor 
due to an adverse reaction from a dietary supplement. It took nearly 10 
years--and then a lengthy court battle--for the FDA to ban the 
inclusion of ephedra in dietary supplements after ephedra was linked to 
a number of deaths. Such a delay should never happen again.
  Additionally, the more than 100 million Americans who consume dietary 
supplements should be able to know the ingredients of any supplement, 
and these supplements need to be required to be listed on the product's 
packaging. If you go to a grocery store and pick up a box of cereal, 
bread, yogurt or any product off the shelf, you can read the product's 
label to clearly know the ingredients and be sure you aren't eating 
something that you find concerning, hazardous or unhealthy. Those who 
take dietary supplements should have the same option. Simply put, this 
legislation is about truth in labeling. This legislation is about 
giving consumers choice. If you take a vitamin now, this bill will in 
no way restrict your ability to take that vitamin. But the consumer 
needs to know the entirety of what is contained in that pill.
  Additionally, clear labeling could save lives as it did for a Phoenix 
Suns star who took a dietary supplement sleep aid and stopped 
breathing. Fortunately, his teammates found the supplement bottle that 
listed the ingredients, and the emergency room doctors were able to use 
the information to give him an antidote in the emergency room moments 
later and save his life. The disclosure of ingredients on a dietary 
supplement can save lives; and therefore, it should be mandatory. With 
the new ``buzz word'' in Washington being ``transparency,'' I don't 
understand how any lawmaker could oppose such a requirement.

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