Our two week campaign, ending after Thanksgiving 2011, generated over 37,000 petition signatures and thousands of signed letters opposing the New Dietary Ingredient Notification (NDIN) guidelines issued by the FDA. The letters and petitions have been submitted as official public comments to the electronic docket at the FDA. Paper copies of the petitions and letters are now being delivered to each office holder throughout our 50 store areas in 8 states.
While not binding on the agency or officeholders, the petitions and letters serve as a notice that constituents feel strongly about the issue and expect fair treatment from Washington bureaucrats. Our position held that the vast expense of implementing NDIN was not warranted given the lack of any significant reported problems with safe supplements now on the market and protected by DSHEA. Furthermore, the expense to industry (and ultimately to consumers) to comply with the regulatory micro-management by the FDA makes no sense -- NDIN is an expensive solution in search of a problem. FDA approved drugs cause about 600 times more reported problems than dietary supplements. Furthermore, annual deaths from over-the-counter and prescription drugs top tens of thousands each year, while supplements have arguably not killed anyone.
Critics of the dietary supplement industry point to "unregulated pills and potions" that need improved oversight and pre-market testing to keep consumers safe. However, the type of products they are referring to are not protected under current law, and the FDA has a well funded global surveillance system to identify and stop these products from being sold, or from being sold with health claims that are misleading or unproven. At any time the FDA identifies a problem with adulteration, health claims, unsafe ingredients, etc., it current has the authority to issue warning letters, conduct no-knock raids, confiscate product, and force mandatory recalls.
In reality, the dietary supplement industry agrees whole heartedly with the FDA aggressive enforcement against these types of products. Trade associations and makers work closely with the FTC and FDA to identify and correct problems. However, bad actors and products sold on the margin of the industry should not impugn the integrity of the whole. Every industry and product sector has similar issues; it seems only dietary supplements elicits so much enthusiastic animosity from people outside of it. It is curious why these same critics do not call for the dismantling of the Big Pharma drug system which damages and kills thousands of patients every year. That is a curious double standard, to be sure.
A delegation from Natural Grocers is headed to Washington DC the week on December 12th to discuss in person the FDA New Dietary Ingredient Notification guidelines with officeholders, policy staff, and the FDA. Rep. Henry Waxman's office has agreed to meet as well. Waxman is one of the most significant opponents of access to dietary supplements, so we hope to better understand his concerns (and offer him some Rescue Remedy).
We will continue to deliver any additional letters or petitions submitted to us, at no charge. Stand by for the next installment of the DSHEA saga!
